
Class L-D^-S^, 
Book --Xy- 






A 



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ILLINOIS 



SCHOOL LAAA^ 



1889-1893. 



THE ILLINOIS SCHOOL LAW. 



1889-1893. 



AN ACT TO ESTABLISH AND MAINTAIN 



SYSTEM OF FREE SCHOOLS, 



/^ 



cS"'^ ATPItOVED MAY 21, 1889. 



Lncluding Additional Acts Relative to Schools and School 
Officers, with an Appendix (containing Acts Estab- 
lishing State Normal Schools, and Providing 
FOR County Normal Schools. 



SPRINGFIELD, ILL.: 
II. W. KoKKEE, State Printer anp Binpkp, 

1893, 



1 ^^ ^ 



^- 



TABLE OF CONTENTS, 



Page. 
EXTEAOTS FKOM THE CONSTITUTION .' 1 

ACT OP 1889. 

Akticle I, State Superintendent of Public Instkuction 3 

Abticle II, County Supeeintendents 7 

Aeticlb III, Township Trustees op Schools 14 

Article IV, Township Teeasubek 32 

Article V, Board of Dieectobs ' 40 

Article VI, Board of Education 48 

Article VII, Teachers 55 

Article VIII, Revenue— Taxation 61 

Article IX, Bonds 64 

Article X, County Clerk 67 

Article XI, County Board 69 

Article XII, ScfiooL Funds 71 

Article XIII, School Lands 74 

Article XIV, Fines and Forfeitures 80 

Article XV, Liability of School Officers 82 

Article XVI, Miscellaneous 86 

ADDITIONAL ACTS PERTAINING TO THE PUBLIC SCHOOLS AND TO 
SCHOOL OFFICERS. 

Members of the Board of Education Appointed 90 

Study of Physiology and Hygiene 91 

Compensation of Judges'and Cleeks of Election in certain cases 92 

Election of Boaeds'of Education in certain cases 92 

No Child under 13 years of age to be hired without certificate from 

School Board 94 

Women may vote at school elections 95 

Directors allowed to assume indebtedness created for their districts.. 96 

Compulsory Attendance 96 

Inspectors elected under certain special acts 97 

APPENDIX. 

Act Establishing State Normal University. Normal 99 

Act Establishing Southern Normal University, Caebondale 102 

Act foe the Establishment of County Normal Schools 106 

Index 109 



EXTRACTS FROM THE CONSTITUTION OF ILLINOIS, 



ARTICLE Y. 

Section 1. The execative department shall consist of a Gov- 
ernor, Lieutenant Governor, Secretary of State, Auditor of 
Public Accounts, Treasurer, Superintendent of Public Instruc- 
tion and Attorney General, who shall each, with the exception 
of the Treasurer, hold his office for the term of four years, from 
the second Monday of January next after his election and until 
his successor is elected and qualified. They shall, except the 
Lieutenant Governor, reside at the seat of government durincr 
their term of office, and keep the public records, books and 
papers there, and shall perform such duties as may be pre- 
scribed by law. 

ARTICLE YIII. 

EDUCATION. 

Section 1. The s:eneral assembly shall provide a thorough 
and efficient system of free schools, whereby all children of this 
State may receive a good common school education. 

§ 2. All lands, moneys, or other property, donated, granted 
or received for school, college, seminary or university purposes, 
and the proceeds thereof, shall be faithfully applied to the ob- 
jects for which such gifts or grants were made. 

§ 3. Neither the general assembly nor any county, city, town, 
township, school district, or other public corporation, shall 
ever make any appropriation or pay from any public fund 
whatever, anything in aid of any church or sectarian purpose. 
or to help support or sustain any school, academy, seminary, 
college, university, or other literary or scientific institution, 
controlled by any church or sectarian denomination whatever; 



nor shall any grant or donation of land, money, or other per- 
sonal property ever be made by the State or any such public 
corporation, to any church, or for any sectarian~purpose. 

§ 4. No teacher, State, county, township, or district school 
officer shall be interested in the sale, proceeds or profits of any 
book, apparatus or furniture, used or to be used, in any school 
in this State, with which such officer or teacher may be con- 
nected, under such penalties as may be provided by!^the general 
assembly. 

§ 5. There may be a count^^ superintendent of schools in 
each county, whose qualifications, powers, duties, compensation 
and time and manner of election, and term of office, shall be 
prescribed by law. 



AN ACT 

TO ESTABLISH AND MAINTAIN A SYSTEM OF 

FREE SCHOOLS. 



ARTICLE I. 

STATE SUPERINTENDENT OP PUBLIC INSTRUCTION. 

§ 1. Time of election and term of office. I §4. Duties defined. 
i 2. Oatli and bond. § 5. Powers defined. 

§ a. Salary and office expenses. 1 § 6. Liabilities. 

Section 1 . Be it enacted by the People ot the State of Illinois, 
represented in the General Assembly: That at the election to be 
held on Tuesday after the first Monday of November, in the 
year of our Lord one thousand eight hundred and ninety, and 
quadrennially thereafter, there shall be elected by the legal 
voters of this State, a State Superintendent of Public Instruc- 
tion, who shall hold his offi.'^e for four years from the second 
Monday in January next after his election, and until his suc- 
cessor is duly elected and qualified. 

§ 2. Before entering upon his duties he shall take and sub- 
scribe the oath of office prescribed by the constitution, and 
shall also execute a bond, in the penalty of twenty-five thousand 
dollars (|"2o,000), payable to the people of the State of Illinois, 
with securities to be approved by the Governor, conditioned for 
the prompt discharge of his duties as Superintendent of Public 
Instruction, and for the faithful application and disposition, 
according to law, of all school moneys that may come into his 
hands by virtue of his office. Said bond and oath shall be de- 
posited with the Secretary of State, and an action may be 
maintained thereon by the State at any time for a breach of 
the conditions thereof. 

§ 3. And the said State Superintendent shall receive, annu- 
ally, such sum as may be provided by law, as a salary for the 
services required under the provisions of this act, or any other 
law that may be passed, and also all necessary contingent ex- 
penses for books, postage and stationery pertaining to his 
office, to be audited and paid by the State as the salaries and 
contingent expenses of other officers are paid. 



§ 4. It shall be the duty of the said State Superintendent of 
Public Instruction — 

First — To keep an office at the seat of government of the State. 

Second— To file all papers, reports and public documents 
transmitted to him by the school officers of the several coun- 
ties, each year separately. 

Third — To keep and preserve all other public documents, books- 
and papers relative to schools, coming into his hands as State 
Superintendent, and to hold the same in readiness to be ex- 
hibited to the Governor, or to any committee of either house 
of the general assembly. 

Fourth— To keep a fair record of all matters pertaining t& 
the business of his office. 

Fifth — To pay over, without delay, all sums of money which 
may come into his hands by virtue of his office, to the officer 
or person entitled to receive the same, in such manner as may 
be prescribed by law. 

Sixth — To counsel and advise, in such manner as he may 
deem most advisable, with experienced and practical school 
teachers, as to the best manner of conducting common schools. 

Seventh — To supervise all the common and public schools in 
the State. 

Eighth — To be the general adviser and assistant of county 
superintendents of schools in this State. 

Ninth — To address circular letters to county superinten dents ^ 
from time to time, as he shall deem for the interests of schools^, 
giving advice as to the best manner of conducting schools, con- 
structing school houses, furnishing the same, examining and 
procuring competent teachers. 

Tenth — To, on or before the 1st day of November preceding- 
each regular session of the general assembly, report to the- 
Governor the condition of the schools in the several counties of 
the State; the whole number of schools which have been taught 
in each county in each of the preceding vears, commencing on 
the 1st of July; what part of said numlDer have been taught 
by males exclusively, and what Dart by females exclusively ;: 
what part of the safd whole number have been tyught by males 
and females at the same time, and what part by males and 
females at different periods; the number of scholars in attend- 
ance at said schools; the number of persons in each county 
under twenty-one years of age, and the number of such persons^ 
between the ages of twelve and twenty-one years that are un- 
able to read and write; the amount of township and county- 
funds; the amount of the interest of the State or common 
school fund, and of the interests of the township and county 
fund annually paid out ; the amount raised by an ad valorem 
tax; the whole amount annually expended for schools; the 
number of school houses, their kind and condition ; the number 



of townships and parts of townships in each county; the num- 
ber and description of books and apparatus purchased for the 
use of schools and school libraries under the provisions of this 
act, the price paid for the same, the total amount purchased, 
and what quantity and how distributed; the number and con- 
dition of the libraries, together with such other information 
and suggestions as he may deem important in relation to the 
school laws, schools, and the means of promoting education 
throughout the State; which report shall be laid before the 
general assembly at each regular session. 

Eleventh — To make such rules and regulations as may be 
necessary and expedient to carry into efficient and uniform 
effect the provisions of this act, and of all the laws which now 
are or may hereafter be in force for establishing and maintain- 
ing free schools in this State. 

Twelfth — To be the legal adviser of all school officers, and, 
when requested by any such school officers, to give his opinion 
in writing upon any question arising under the school laws of 
this State. 

Thirteenth— To hear and determine all controversies arising 
under the school laws of this State, coming to him by appeal 
from a county superintendent, upon a written statement of 
facts certified by the county superintendent. 

Fourteenth— To receive and file all proper reports made to 
him from time to time by the several county superintendents 
of this State, as required by article II of this act. 

Fifteenth — To grant State certificates to such teachers as may 
be found worthy to receive them, as provided for in section 2 
of ar,ticle YII of this act. 

Sixteenth— To be ex officio a member of the board of trustees 
of the University of Illinois and of the Southern Normal Uni- 
versity. 

Seventeenth — To be ex ofBcio a member of the Board of Edu- 
cation of the State of Illinois, and to act as secretary thereof. 

Eighteenth — To report to the general assembly of Illinois, at 
its regular session, the condition and expenditures of the Nor- 
mal University, and such other information as may be directed 
by the board of education of the State of Illinois or by the 
general assembly of this State. 

Nineteenth — To visit such of the charitable institutions of this 
State as are educational in their character, and to examine 
their facilities for instruction, and to prescribe forms for such 
reports as he may desire from the superintendents of such 
charitable institutions. 

§ 5. The said State Superintendent of Public Instruction shall 
be clothed with the following powers — 

First— to direct and cause the county superintendent of any 
county, directors or boards of trustees or township treasurer 



6 

of anj township, or other school officer, to withhold from any 
officer, township, district or teacher, any part of the common 
school, or township, or other school fund, until such officer^ 
township treasurer or teacher shall have made all schedules, re- 
ports and returns required of him by this act, and until such 
officers shall have executed and filed all official bonds and ac- 
counted for all common school or township or other school 
funds which have heretofore come into his hands, as required 
of him by this act. 

Second— To require the several county superintendents of this 
State to furnish him with such information relatino- to their 
several offices as he may desire to embody in his report to the 
general assembly of this State. 

1 bird— To require the board of trustees of each township in 
this State to make, at any time he may desire, a report similar 
to the report required to be made by such trustees on or before 
the fifteenth day of July preceding each regular session of the 
general assembly of this State, as provided for in section 28 
of article III of this act. 

Fourth — Upon the recommendation of the county superin- 
tendent, or for good and sufficient reasons, to remit the for- 
feiture of the school fund by any township which may have 
failed to make the reports required by law. 

Filth — To determine and designate the particular statistics re- 
lating to schools which the inferior officers shall report to the 
county superintendent for the use of his office. 

Sixth — To authorize the several county superintendents to 
procure such assistance as may be necessary to conduct county 
teachers' institutes for not less than five days in each year. 

Seventh— To require annual reports from the authorities of 
incorporated towns, townships, cities or districts holding schools 
by authority of special charters to the same extent as regular 
school officers are or may be required to make such reports. 

Eighth — To require the president, principal or other proper 
officer of every organized university, college, seminary, academy 
or other literary institution, whether incorporated or unincor- 
porated, or hereafter to be incorporated in this State, to make 
out such report as he may require in order that he may lay 
before the General Assembly a fair and full exhibit of the affairs 
and conditions of such institutions and of the educational re- 
sources of the State. 

Ninth — To require the Auditor of Pubhc Accounts to with- 
hold from the county superintendent of any county the amount 
due any such county for its share of the interest on State school 
fund, or said county superintendent for his per diem compensa- 
tion, until the report provided for in section 17 of article II of 
this act shall have been furnished as therein required. 



§ 6. The said State Superintendent of Public Instruction shall 
not be interested in the sale, proceeds or profits of any book, 
apparatus or furniture used or to be used in any school in this 
State, and for offending- against the provisions of this section 
he shall be liable to indictment, and upon conviction shall be 
fined in a sum not less than twenty-five nor more than five 
hundred dollars, and may be imprisoned in the county jail not 
less than ooe month nor more than twelve months, at the dis- 
cretion of the court. 



AETICLE II. 



COUNTY SUPERINTENDENTS. 



§ 1. Time of election and term of office. 

§ 2. Oath and bond. 

§ B. Form of bond. 

§ 4. ObJiff-irs bound jointly and severally. 

§ 5. Supervisors may require a new bond. 

§ 6. Office and supplies. 

§ 7. Liable to removal. (Repealed.) 

§ 8. Vacancies. 

§ 9. Time limited. 

§ 10. Assistants. 

§ 11. Commissions and per diem. 

§ 12. Itemized bills and warrants from 

Auditor. 

§ 13. Duties defined. 



§ 14. 

§ 15. 
§ 16. 
§ 17. 
§ 18. 

§ 19. 



§ 20. 
§ 21. 
§ 22. 
§ 23. 



Powers defined. 

Keeord of land sales. 

Report to county board. 

Report to State Superintendent. 

Collecting statistics, and suit against 
trustees as individuals. 

Approval of township treasurer's 
bond and delivery of written state- 
ment to the township treasurer. 

Apportionment of funds to townships. 

Loaning of county fund. 

Appeal to the State Superintendent. 

Delivery of money, books, papers, 
etc., to successor in office. 



Section 1. On Tuesday next after the first Monday in No- 
vember, A. D. 1890, and quadrennially thereafter, there shall 
be elected by the qualified voters of every county in this State, 
a county superintendent of schools, who shall perform the 
duties required by law, and shall enter upon the discharge of 
his duties on the first Monday of December after his election. 

§ 2. He shall, before entering upon his duties, take the oath 
prescribed by the constitution, and execute a bond payable to 
the People of the State of Illinois, with two or more responsi- 
ble freeholders as security, to be approved by the county board 
or by the judge and clerk of the county court, in a penalty of 
not less than twelve thousand dollars ($12,000), to be in- 
creased at the discretion of the said county board, conditioned 
that he will faithfully perform all the duties of his office ac- 
cording to the laws which are or may be in force during his 
term of office. 

§ 3. The bond required in the foregoing section shall be in 
the following form, viz.: 

State of Illinois, [ 

County, \ '-^• 

Know all men by these presents, that we, A B, C 
D and E F, are held and firmly hound, jointly and severally, unto the 

People of the State of Illinois, in the penal sum of dollars, to 

the payment of which we bind ourselves, our heirs, executors and admin- 
istrators firmly by these presents. 

In witness whereof we have hereunto set our hands and seals this 
day of , A. D. 18 



The condition cif the above obligation is such, that if t-.e above 
bounden A B. County Superintendent" of the county aforesaid, shall faith- 
fully discharge all the duties of such office, according to tlie laws which 
now are and may hereafter be in force, and shall deliver over to hs suc- 
cessor in office all moneys, books, papers and property in his hands, as 
such County Superintendent, then this obligation to be void, otherwise to 
remain in full force and. virtue. 

A. B (Seal.) 
C. D (Seal.) 
E. F (Seal.) 

And wliicli bond shall be filed in the office of the county 
clerk. 

§ 4. The obligors in such bond shall be bound jointly'" and 
severally, and upon it an action or actions may be maintained 
by the board of trustees of the proper township, or any other 
corporate body interested, for the benefit of any township or 
fund injured by any breach of the conditions thereof. | 

§ 5. If a majority of the county board shall be satisfied, at 
any time, that the bond of said county superintendent is in- 
sufficient, it shall be the duty of such superintendent, upon 
notice being giren to him by the clerk of such board, to execute 
a new bond, conditioned and approved as the first bond: Pro- 
vided, that the execution of such new bond shall not affect the 
old bond or the liabilit}^ of the securities thereon. 

§ 6. It shall be the duty of the county board of the county 
to provide the said county superintendent with a suitable office, 
with nece.ssary furniture and office supplies, as is done in the 
case of other county officers. 

kjDle to re- 

of law 

fpealed b^Sj^t a^prove?i^une lo^'iBQS.) 

AYhen the office of county superintendent shall become 
vacant by death, re.signation, the removal of the incumbent by 
the county board, or otherwise, the count}' board shall fill the 
vacancy by appointment, and the person so appointed shall 
hold his office until the next election of county officers, at which 
election the county board shall order the election of a successor. 

§ 9. In counties having not more than one hundred (100) 
schools, the county board may limit the time of the superin- 
tendent: Provided, that in counties not having more than fifty 
(50) schools, the limit of time shall not be made less than one 
hundred and fifty (150; days a year; in counties having from 
fift3'-one (51) to seven tj'-five (75) schools, not less than two 
hundred (200) days a year; and in counties having from 
seventy-six (76) to one hundred (100) schools, not less than 
two hundred and fifty (250) days a year. 

§ 10. The county supei'intendent ma}', with the approval of 
the county board, employ such assistant or assistants as he 
needs for the full discharge of his duties. Such assistants shall 
be persons of good attainments, versed in the principles and 




methods of edacation. familiar witii public school work, and 
competent to visit schools. Such assistants shall receive such 
compensation as may be fixed bv the count j board. 

§ 11. Count V superiutendents shall receive in full, for all 
services rendered by them, commissions as follows: Three per 
cent, commission upon the amount of sales of school lands, or 
sales of land upon mortgaore. or of sales of real estate taken for 
debt, including all services therewith. Two per- cent, commission 
upon all sums distributed, paid or loaned out by them for the 
support of schools. For all other duties required by law to be 
performed by them, four dollars (-$4:) a day for such number of 
days as shall be spent in the actual performance of their duties, 
not exceeding the number fixed by the county boards in counties 
in which the boards are given power to fix the number of days 
by section 9 of this article of this act, and one dollar (fl)"a 
day for expenses for the number of days actually spent in school 
visitation. 

§ 12. The county superintendents shall present, under oath 
or afiirmation, their itemized bills for their per diem compensa- 
tion and for the expenses allowed by this article of this act, 
when visiting schools, together with a report of all their acts as 
such county superintendent, or assistant, including a list of all 
the schools visited, with the dates of visitation, to the county 
board, at the annual meeting of such county board in Septem- 
ber, and as near quarterly thereafter as such board may have 
regular or special meetings, and after the bills have been audited 
by the county board, the county clerk shall certify to such 
auditing upon the biUs. and transmit them to the Auditor of 
Public Accounts, who shall, upon receipt of them, remit in pay- 
ment thereof to each superintendent his warrant upon the State 
Treasurer for the amount certified to be due him. The said 
Auditor, in making his warrant to any county for the amount 
due it from the state school fund, shall deduct from it the several 
amounts for which warrants have been issued to the county 
superintendent of said county since the next preceding appor- 
tionment of the state school fund. 

§ lo. It shall be the duty of each county superintendent of 
schools in this State — 

First — To sell township fund lauds, issue certificates of pur- 
chase, report to the county board and State Auditor, and. per- 
form all other duties pertaining thereto, as required by article 
XIII of this act. 

Second— To register applicants for admission to the State Nor- 
mal Tniversities and to the University of Illinois, and to assist 
in the examination of the same as directed by the state board 
of education or other proper authorities. 

Third— To visit each school in the county at least once a 
year; and in the performance of this duty he shall spend at 
least half the time given to his office, and more, if practicable, 
in visiting ungraded schools. 



10 

Fourth— To note, when visiting schools, the methods of in- 
struction, the branches tauo;ht, the text-books used, and the 
discipline,, government and general condition of the schools. 

Fifth — To give to teachers and school officers such directions 
in the science, art and methods of teaching and courses of study 
as he may deem expedient and necessary. 

Sixth— To act as the official adviser and constant assistant 
of the school officers and teachers of his county; and, in the 
performance of this duty, he shall faithfully carr^^ out the 
advice and instruction of the State Superintendent of Public 
Instruction. 

Seventh— To conduct, as provided for in section 10 of article 
Yll of this act, a teachers' institute, and to aid and encourage 
the formation of other teachers' meetings, and to assist in their 
management. 

Eighth — To labor in every practicable way to elevate the 
standard of teaching, and improve the condition of the common 
schools of his county. 

Ninth — To examine, at least once each year, all books, ac- 
counts and vouchers of every township treasurer in his county, 
and if he finds any irregularities in them, he shall at once report 
the same in writing to the board of trustees, whose duty it 
shall be to take, immediately, such action as the case demands. 

Tenth—To examine all notes, bonds, mortgages, and other 
evidences of indebtedness which the township treasurer holds 
officially; and if he finds that the papers are not in proper 
form, or that the securities are insufficient, he shall so state in 
writing to the board of trustees. 

Eleventh — To give notice of the election of trustees in cases 
such as those provided for in section 15 article III of this act. 

Twelfth — To file and safely keep the poll books and returns 
of any election required to be returned to the county superin- 
tendent by any provision of this act. 

Thirteenth — To investigate and determine all matters pertain- 
ing to the change in the boundaries of school districts, which 
may come to him by appeal from the decision of the school 
trustees, and to notify the township treasurer, from whom the 
papers relating to the matter were received, of his decision of 
the matter. 

Fourteenth— To give notice of the election of school directors 
in cases such as are provided for in section 9 of article Y of 
this act. 

Fifteenth— To hold meetings, at least quarterly, for the ex- 
amination of teachers, as provided for in section 7 of article VII 
of this act. 

Sixteenth— To grant certificates of qualification to such per- 
sons as may be qualified to receive them, as provided for in 
section 3 of article YII of this act, and to keep a record of all 



11 

teachers to whom such certificates have been granted, as pro- 
vided for by section 4 of article VII of this act ; and to keep a 
record of all teachers employed in teaching in his county. 

^Seventeenth — To keep a just and true account of all moneys 
received and all moneys paid out on account of the "institute 
fund," and make report thereof to the county board, as pro- 
vided for in section 9 of article YII of this act. 

Eighteenth — To present to the county board of the county, 
at the first regular meeting thereof, annually, the report re- 
quired by section 3 of article XI of this act. 

Nineteenth — To notify presidents of boards of trustees and 
clerks of school districts, on or before September 30th, annu- 
ally, of the amount of money paid by him to the township 
treasurer, and the date of such payments. 

Twentieth — To receive and file, on or before the fifteenth day 
of July preceding each regular session o'f the general assembly, 
and at such other lime as may be required by the state or 
county superintendent, a statement from the board of trustees 
of each township, giving' such statistics and information as may 
be called for. 

§ 14. The said county superintendent shall have power — 

First— To require the board of trustees of each township in 
his county to make, at any time he may desire, the report pro- 
vided for in section 28 of article III of this act. 

Second— To recommend to the State Superintendent the re- 
mission of the penalty provided for a failure by the trustees of 
schools to make the reports provided for by law. 

Third— To renew teachers' certificates at their expiration by 
his endorsement thereon. 

Fourth — To revoke the certificate of any teacher for immoral- 
ity, incompetency or other just cause. 

Fifth — To direct in what manner township treasurers shall 
keep their books and accounts. 

Sixth— To bring suit against the county collector for a failure 
to pay State Auditor's warrant, as provided for in section 5 of 
article XII of this act. 

Seventh — To remove any school director from oflfice for a will- 
ful failure to perform the duties of his office. 

Eighth — To lease and sell real estate in cases provided for in 
section 26 of article XIII of this act, in the manner therein 
specified. 

§ 15. The said county superintendent shall provide three well 
bound books, which shall be paid for from the county treasury. 
These books shall be known and designated by the letters A, B, 
C for the following purposes: In book "A" he shall record at 
length all petitions presented to him for the sale of common 
school lands, and the plats and certificates of valuation made by 



12 

or under the direction of the trustees of schools, and the affida- 
vits in relation to the same. In book "B" he shall keep an 
account of all sales of common school lands, which account 
;shall contain the date of sale, name of purchaser, description 
of land sold and the sum sold for. In book "C" he shall keep 
a regular account of all moneys received for lands sold or other- 
wise, and loaned or paid out; the persons from whom received 
•and on what account, and showing whether it is principal or 
interest; the person to whom loaned, the time for which the 
loan was made, the rate of interest, the names of the securities, 
when personal security is taken, or if real estate is taken as 
security, a description of the real estate; and if paid out, to 
whom, when and on what account and the amount paid out; 
the list of sales, and the account of each township fund to be 
kept separate. 

§ 16. The county superintendent shall report, in writing, to 
the county board, at their regular meeting in September of each 
year, giving first, the balance on hand at the time of the last 
ireport and a statement in detail of all receipts since that date, 
and the sources from which they were derived; second, th© 
amount paid for expenses; third, the amount of his commis- 
sions; fourth, the amount distributed to each of the township 
treasurers in his county; fifth, any balance on hand. He shall 
also present for inspection at the same time his books and 
vouchers for all expenditures, and all notes or other evidences 
of indebtedness which he holds officially, with the securities of 
the same; and he shall give in writing a statement of the con- 
dition of the county fund, of the institute fund, and of any 
township funds of which he may have the custody. 

§ 17. On or before the fifteenth day of August before each 
regular session of the General Assembly of this State, or an- 
nually, if so required by the State Superintendent of Public In- 
struction, the county superintendent shall communicate to said 
State Superintendent all such information and statistics upon 
the subject of schools in his said county as the said State Super- 
intendent is bound to embody in his report to the Governor, 
and such other information as the State Superintendent shall 
require. 

§ 18. In all cases where the township board of trustees of 
any township shall fail to prepare and forward, or cause to be 
iprepared and forwarded to the county superintendent, the in- 
formation and statistics required of them in this act, it shall be 
the duty of. the said county superintendent to employ a compe- 
tent person to take the enumeration and furnish such statistical 
statement, as far as practical, to the superintendent; and such 
person so employed shall have free access to the books a,nd 
papers of said township to enable him to make such statement; 
and the township treasurer, or other officer or person in whose 
custody such books and papers ma}' be, shall permit such per- 
son to examine such books and papers at such times and places 



13 

as such person may desire for the purposes aforesaid ; and the 
said county superintendent shall allow, and pay to the person 
so employed by him, for the services, such amount as he may 
judge reasonable out of any money which is or may come into 
said superintendent's hands, apportioned as the share of or be- 
longing to such township; and the said county superintendent 
shall proceed to recover and collect the amount so allowed or 
paid for such services, in a civil action before any justice of the 
peace in the county, or before any court having jurisdiction, in- 
the name of the People of the State of Illinois, of and against 
the trustees of schools of said township, in their individual ca- 
pacity; and in such suit or suits the said county superintendent 
and township treasurer shall be competent witnesses; and the 
money so recovered, when collected, shall be paid over to the 
county superintendent for the benefit of said township, to re- 
place the money taken as aforesaid. 

§ 19. Whenever the bond of any township treasurer approved^ 
by the board of trustees of schools, as required by law, shall be- 
delivered to the county superintendent, he shall carefully ex- 
amine the same, and if the instrument is found in all respects 
to be according to law, and the securities good and sufficient, 
he shall endorse his approval thereon, have it recorded in the 
circuit clerk's office, and file the same with the papers of his 
office ; but, if said bond is in any respect defective, or if the pen- 
alty is insufficient, he shall return it for correctiou. When the 
bond shall have been duly received and filed, the superintendent 
shall, on demand, deliver to said township treasurer a written, 
statement certifying that his boud has been approved and filed, 
and that said township treasurer is entitled to the care and 
custody, on demand, of all moneys, bonds, mortgages, notes audi 
securities, and all books, papers and property of every descrip- . 
tion belonging to said township. ^^ 

§ 20. Upon the receipt of the amount due upon the Auditor's 
"warrant the county superintendent shall apportion said amount, 
also the interest on the county fund and- the fines and forfeit- 
ures, to the several townships and parts of townships in his 
county, in which townships or parts of townships schools have- 
been kept in accordance with the provisions of this act, and with 
the instructions of the State and county superintendents, ac- 
cording to the number of children, under twenty-one years of 
age, leturned to him, and shall pay over the distributive share 
belonging to each township and fractional township, to the re- 
spective township treasurers, or other authorized person, an- 
nually: Provided, that no part of the State, county or other 
school fund shall be paid to any township treasurer or other 
person authorized by said treasurer, unless said township treas- 
urer has filed his bond, as required by section 1 of article IV 
of this act, nor in case said treasurer is re-appointed by the 
trustees, unless he shall have renewed his bond and filed the- 
same as aforesaid. 



14 

§ 21. The county superintendent may loan any money, not 
interest, belonj^ing to the county fund, or to any township fund, 
before the same is called for, according to law, by the township 
treasurer, at the same rate of interest, upon the same security 
and for the same length of time as is provided by this act in 
relation to the township treasurers, and apportion the interest 
as provided in the preceding section; and notes and mortgages 
taken in the name of the "county superintendent" of the proper 
c'ounty are hereby declared to be as valid as if taken in the 
name of "trustees of schools" of the proper township, and suits 
ma3^ be brought in the name of "county superintendents," on 
all notes and mortgas:es heretofore or hereafter made payable 
to the county superintendents. 

§ 22. In all controversies arising under the school law, the 
opinion and advice of the county superintendent shall first be 
sought, whence appeal may be taken to the State Superintend- 
ent of PulDlic Instruction upon a written statement of facts cer- 
tified by the county superintendent. 

§ 23. The county superintendent, upon his removal or resig- 
nation, or at the expiration of his term of office (or in case of 
his death his representatives) shall deliver over to his successor 
in office, on demand, all moneys, books, papers and personal 
property belooging to the office or subject to the control or 
disposition of the county superintendent. 



ARTICLE III. 



TOWNSHIP — TRUSTEES OF SCHOOLS. 



§ 1. School township. 

§ 2. Fractional townships consolidated. 

§ 3. School business of the township. 

§4. Trustees a body politic. 

§ 5. Annual election. 

§ 6. Term of office. 

§ 7. Age, residence and eligibility. 

§ 8. Notice of election, and form of elee. 
tion notice. 

§ 9. Election in certain cases to be held 
on any Saturday, and notice to be given by 
county clerk. 

§ 10. Trustees draw lots for their terms 
of office in certain cases. 

§ 11. Judges of election. 

§ 12. Qualifications of voters. 

§ 13. Conduct of elections; contesting 
elections: polls may be closed at 4 p. m. 

§14. Judges may postpone election. 

§ 15. County superintendent to order 
election. 

§ 16. Vacancies. 

§ 17. Tie at an election. 

§ 18. More than one polling place; can- 
vassing the returns and making out a cer- 
tificate. 

§ 19. . Election when township is same as 



town. 

§ 20. 
same. 

§ 21. 



Poll book; failure to deliver the 



County clerks to furnish hst of 
trustees elected at town meetings. 

I 22. Organization; appointment of pres- 
ident and treasurer. 



§ 23. Term of office of president and 
treasurer: their removal. 

§ 24. Record of proceedings. 

§ 25. Meetings of trustees and quorum. 

§ 26. DistriDution to districts; basis of 
the same. 

§ 27. Funds placed to the credit of dis- 



tricts. 

§ 2X. 

items 

29, 



Report to county superintendent; 
forfeiture for failure to report. 
Separate enumeiat,on; statistics 
not divisible. 

§ 30. Examination of township treas\ir- 
er's books, etc., by trustees. 

§ 31. Gifts, grants, etc.; tit'e of school 
hous'^s. 

§ 32. Sale of school house; form of notice 
of sale. 

§ 33. Conveyance of real estate; how 
made. 

§ 34. Township treasurer custodian of 
bonds; power to remove or sue that official. 

§ 35. Power to purchase real estate in 
satisfaction of judgments. 

§ 36. Power to make settlements. 

§ 37. Power to lease land, or sell at public 
auction. 

§.38. Township high school, and form of 
notice for high school election. 

§ .39. Ballots for high school election,. 

§ 40. h. lection for members of town.ship 
board of education; term of office; vacan- 
cies; organization of the boar , and estab- 
lishment of the school. 



15 



§ 41. Powers of to wn^liip board of edu2a- 
tion. 

§ 42. Parts of two or more townships may- 
join in establishing a high school. 

§ 43. Diseontinuanoe of township high 
school. 

§ 44. Canvass of ballots, and disposition 

§ 45. interest in school books; penalties'. 

§ 46. Districts in newly organized town- 
ships. 

§ 47. Changes in di'^trict boundaries. 

§ 48. Who may petition. 

§ 49. Districts having less than 100,000 in- 
habitants, even under special charter, may 
vote to change boundaries. 

§ 50. Filing of the petition; notice to the 
districts, and term of notice. 

§ 51. Territory lying in two or more town- 
ships. 

§ 52. Adjournment of the board. 

§ 53. Acting upon the petition. 

S 54. Appeal and form of notice. 



§ 55. Clerks transmit papers to the county 
superintendent. 

§ 56. Appeal in case of territory divided 
by county lines. 

§ 57. Filing map and list of tax-payers. 

§ 58. District with a bonded debt. 

§ 59. Election in new districts and form 
of notice. 

§ 60. Conduct of election. 

§61. Organization of board. 

§ 62. Election in districts organized by 
action of the county superintendent. 

§63. Distribution of funds. 

§ 64. Appraisement of property. 

§ 65. Liability of trustees in reference to 
distribution of funds. 

§ 66. Li-ibility of clerk. 

§ 67. District failing to have school for 
two years. 

§ 68. Dissolution of union district. 

§ 69. Successors to trustees of school 
lands. 



Section 1. Eacli cougrressional township is hereby established 
a township for school purposes. 

§ 2. Whenever any fractional township contains less than 
forty persons under twenty-one years of age, the trustees there- 
of, upon petition of a majority of the adult inhabitants of such 
fractional township, may, by writteu agreement entered into 
with the board of trustees of any adjacent township, consoli- 
date the territory, school fuuds and other property of such 
fractional township with such adjacent township, and there- 
after shall cease to exercise the functions of school trustees for 
such fractional- township; and such territory, school funds and 
other propert3', aforesaif^, shall thereafter be managed by the 
board of trustees of such adjacent and consolidated township, 
in accordance with the terms of agreement aforesaid, in the 
same manner as is, or may be provided by law, for the man- 
agement of territory, funds and other property of school town- 
ships: Provided, that the said written agreement shall be duly 
signed by a majority of the said trustees and filed for record 
by the said trustees in the office of the county clerk of the 
county in which such consolidated township, or the greater part 
thereof, is situated. 

§ 3. The school business of the township shall be done by 
three trustees, to be elected by the legal voters of the town- 
ship, as hereinafte'r provided for. 

§ 4. Said trustees shall be a body politic and corporate, by 

the name and style of "trustees of schools of township No 

range No ," acording to the number. The said corporation 

shall have perpetual existence; shall have power to sue and be 
sued, to plead and be impleaded in all courts and places where 
judicial proceedings are had. 

§ 5. The election of trustees of schools shall be on the second 
Saturda^^ in April, annualW. 

§ 6. At the first regular election of trustees, after the pass- 
age of this act, a successor to the trustee, whose term of office 
then expires, shall be elected, and thereafter one trustee shall 



16 

be elected annually. Said trustees shall continue in office three 
years, and until their successors are elected and enter upon the 
duties of their office. 

§ 7. No person shall be eligible to. the office of trustee of 
schools unless twenty-one years of age, and a resident of the 
township. And where there are three or more school districts 
in any township, no two trustees shall reside, when elected, in 
the same school district, nor shall a person be eligible to the 
office of trustee of schools and school director at the same 
time. 

§ 8. Notice of the election of school trustee shall be given by 
the township treasurer, upon the order of the trustees of 
schools, by posting notices of such election, at least ten days 
previous to the time of such election, in not less than five of 
the most public places in said township, which notices shall 
specify the time and place of election and the object thereof, 
and may be in the following form, viz.: 

Public notice is hereby given that on Saturdaj^, the day of 

April, A. D , an election will be held at , 

between the hours of and of said day, for the purpose of elect- 
ing school trustee for township "N^o , range ISTo By order 

of the board of trustees of said township. 



TownsM]) Treasurer. 

§ 9. In townships where no election for school trustees has 
heretofore been held, or in townships where, from any cause, there 
are no trustees of schools, the election of trustees of schools 
may be holden on any Saturday, notice thereof being given 
as required by section 8 of this article. The first election in 
such township shall be ordered by the county clerk of the 
county, who shall cause notice to be given as aforesaid. 

§ 10. In case of an election held, as required by the preced- 
ing section, the trustees elected, at their first meeting, shall 
draw lots for their respective terms of office for one, two and 
three years; and thereafter one trustee shall be elected annu- 
ally, at the usual time for electing trustees, to fill the vacancy 
occurring. At all elections after said first election, the said 
notice shall be given by the trustees of schools, through the 
township treasurer, as in other elections for trustees. 

§ il. The trustees of schools of incorporated townships 
present shall act as judges, and choose a person to act as clerk 
of said election. If the trustees (or any of them) shall fail to 
attend, or refuse to act when present, the legal voters present 
shall choose from their own number such "additional judges as 
may be necessary. In any township lying within the limits of 
a city, village or incorporated town, which has adopted the 
provisions of "An act reg'ulating the holding" of elections, and 
declaring the result thereof in cities, villages and incorporated 
towns in this State," approved June 19, 1885, the said election 



17 

shall be held under the provisions of said act. In unincorpor- 
ated townships, the qualified voters present shall choose, from 
amongst themselves, the number of judges required to open and 
conduct said election. - ' 

§ 12. No person shall vote at any school election held under 
the })rovisions of this act, unless he possesses the qualifications 
of a voter at a general election. 

§ 13. The time and manner of opening, conducting and clos- 
ing said election, and the several liabilities appertaining to the 
judges and clerks and to the voters, separately and collectively, 
and the manner of contesting said election, shall be the same 
as prescribed by the general election laws of this State defining 
the manner of electing magistrates and constables, so far as 
applicable, subject to the provision of this act- Provided, that 
said election may commence, if so specified in the notice, at any 
hour between the hours of eight (8) o'clock A. M. and one (1) 
o'clock P. M., and the judges mav close such election at four 
i^:) o'clock P. M. 

§ 14. If, upon any day appointed for the election of trustees 
of schools the said trustees of schools, or judges shall be of 
opinion that, on account of the small attendance of voters, the 
public good requires it, or if the majority of the voters present 
shall desire it, they shal-1 postpone said election until the next 
Saturday, at the same place and hour; at which time and 
meeting the voters shall proceed as if it were not a post- 
poned or adjourned meeting: Provided, that if notice shall not 
have been given of such election, as required by section 8 
of this article, then and in that case said election may be 
ordered as aforesaid,- and holden on any other Saturday, notice 
thereof being given as aforesaid. 

§ 15. If the township treasurer shall fail or refuse to give 
notice of the~TeguTar election of trustees, as required by said 
section 8 of this article, and if, in case of a vacancy, the re- 
maining trustee or trustees shall fail or refuse to order an elec- 
tion to fill such vacancy, as required by- section 16 of this arti- 
cle, then, and in each of such cases, it shall be the duty of the 
county superintendent to order an election of trustees to fill 
such vacancies as af^esaid ; and all elections so ordered and 
held shall be valid to all intents and purposes whatever. 

§ 16. When a vacancy or vacancies shall occur in the board 
of trustees of schools, the remainins: trustee or trustees shall 
order an election to fill such vacancy, upon any Saturday, notice 
to be given as required by said section 8 of this article. 

§ 17. In case of a tie vote at any election of trustees of 
schools, the election shall be determined by lot, on the day of 
the election, by judges thereof. 

§ 18. In townships where, for general elections, there are 
more than two (2) polling places, the trustees shall give notice 
that polls will be opened for such elections in at least two places : 

-2 S. 



18 

in which case at least one ot said trustees shall attend at each 
of said places, and additional judges shall be chosen as provided 
in section eleven (11) of this article: Provided, there shall be 
at least one pollioo^ place for each eight hundred legal voters in 
said township. Should the polling places be in excess of the 
number of trustees, then the voters at such polling places so in 
excess shall select from their number the requisite number of 
voters, who shall act as judges of said election in the manner 
provided by said section eleven (11) for the election of trustees 
in unincorporated townships. Said judges shall return the bal- 
lots and original poll-books, with a certificate thereon, showing 
the result of the election in said precinct, to the township treas- 
urer of the township in which said election shall be held, where- 
upon it shall be the dutj of the board of trustees of said town- 
ship, within five days after said election, to meet and to can- 
vass the returns from each precinct, to make out a certificate 
showing the number of votes cast for each person in each pre- 
cinct, and in the whole township, and shall file said certificate 
with the county superintendent of schools as otherwise pro- 
vided by law. 

§ 19. In counties adopting township organization, in each 
and every township whose boundaries coincide and are identical 
with those of the town, as established under the township or- 
ganization laws, the trustee or trustees shall be elected at the 
same time and in the same manner as the town officers. In all 
such townships, if no trustees are elected at the stated town 
meeting, and when vacancies occur in the board, an election of 
trustee or trustees shall be ordered by the remaining trustee or 
trustees of schools, through the township treasurer, as provider! 
for in section nine (9) of this article, 

§ 20. Upon the election of trustees of schools, the judges of 
the election shall, within ten (10) days thereafter, cause a copy 
of the poll-book of said election to be delivered to the,, county 
superintendent of the county, with a certificate thereon showing 
the election of said trustees and the names of the persons 
elected ; which copy of the poll-book, with the certificate, shall 
be filed by said superintendent, and shall be evidence of such 
election. For a failure to deliver said copy of the poll-book and 
certificate within the time prescribed, the judges shall be liable 
to a penalty of not less than twenty-five dollars ($25) nor more 
than one hundred dollars (flOO), to be recovered in the name 
of the People of the State of Illinois, by action of assumpsit, 
before any justice of the peace of the county; which penalty, 
when collected, shall be added to the township school fund of 
the township. 

§ 21. When school trustees are elected at town meetings, as 
provided in section nineteen (19) of this article, it shall be the 
duty of the county clerk, as soon as the list of the names of 
officers elected at the town meetings is filed with him,rto give 
the county superintendent a list of the names of all school 



19 

trustees elected at the town meetings of the county, and of the 
towns for which they are elected. 

§ 22. Within ten days after the annual election of trustees 
the board shall organize by appointina; one of their number 
president, and some person who shall not be a director or 
trustee, but who shall be a resident of the township, treasurer, 
if there be a vacatiey in this office, who shall be ex-ofS.cio clerk 
of the board. 

§ 23. The president shall hold his office for one year, and the 
treasurer for two years, and until their successors are appointed; 
but either of said officers may be removed by the board for 
good and sufficient cause. 

§ 24. It shall be the duty of the president to preside at all 
meetings of the board; and it shall be the duty of the clerk to 
be present at all meetings of the board, and to record in a book 
to be provided for the purpose all of their official proceedings, 
which book shall be a public record, open to the inspection of 
any person interested therein. All of said proceedings when re- 
corded shall be signed hj the president and clerk. If the presi- 
dent or clerk shall be absent or refuse to perform any of the 
duties of his office at any meeting of the board, a president or 
clerk pro tern, may be appointed. 

§ 25. It shall be the duty of the board of trustees to hold 
regular semi-annual meetings on the first Mondays of April and 
October, and special meetings may be held at such other times 
as they think proper. Special meetings of the board may be 
called by the president or any two members thereof. At all 
meetings two members shall be a quorum for business. 

§ 26. At the regular semi-annual meetings on the first Mon- 
days of April and October, the trustees shall ascertain the 
amount of state, county and township funds on hand and sub- 
ject to distribution, and shall apportion the same as follows: 

First — Whatever sum may be due for the compensation and 
the books of the treasurer, and such sum as ma^'' be deemed 
reasonable and necessary for dividing school lands, making 
plats, etc. 

Second — And the^ remainder of such funds shall be divided 
among the districts, or fractions of districts, in which schools 
have been kept in accordance with the provisions of this act 
and the instructions of the state and county superintendents 
during the preceding year ending June 30, in proportion to the 
number of children un^er twenty-one (21) years of age in each. 

§ 27. The funds thus apportioned shall be placed on the 
books of the treasurer to the credit of the respective districts, 
and the same shall be paid out by the treasurer on the legal 
orders of the directors of the proper districts in the same man- 
ner as other funds of the district are paid out. 

§ 28. The board of trustees of each township in this State 
shall prepare, or cause to be prepared, by the township treas- 



urer, the clerk of the board, the directors of the several districts^ 
or other person, and forwarded to the county superinteiident of 
the county in which the township lies, on or before the 15th 
day of July, preceding each regular session of the general assem- 
bly of this State, and at such other times as may be required 
by the county superintendent, or by the State Superintendent 
of Public Instruction, a statement exhibiting the condition of 
schools in their respective townships for the preceding biennial 
period, giving separately each year, commencing on the first of 
July and ending on the last of June, which statement shall be 
as follows: 

First — ^The whole number of schools which have been taught 
in each year; what part of said number have been taught by 
males exclusively; what part have been taught by females ex- 
clusively; what part of said whole number have been taught by 
males and females at the same time, and what part by male» 
and females at different periods. 

Second — ^The whole number of scholars in attendance at all 
the schools, giving the number of males and females separately .. 

TJiird— The number of male and female teachers, giving each 
separately; the highest, lowest, and average monthly compen- 
sation paid to male and female teachers, giving each item sepa- 
rately. 

Fourth — The number of persons under twenty-one years of 
age, making a separate enumeration of those above the age of 
twelve years who are unable to read and write, and the cause 
or causes of the neglect to educate them. 

Fifth — ^The amount of the principal of the township fund; the 
amoiflut of interest of the township fund paid into the township 
treasury; the amount raised by ad valorem tax, and the 
amount of such tax received into the township treasury, and 
amount of all other funds received into the towmship treasury. 

ISixth — Amount paid for teachers' wages; the amount paid 
for school house lots; the amount paid for building, repairing, 
purchasing, renting and furnishing school houses; the amount 
paid for school apparatus, for books and other incidental ex- 
penses for the use of school libraries ; the amount paid as com- 
pensation to township officers and others. 

Seventh — The whole amount of the receipts and expenditures 
for school purposes, together with such other statistics and in- 
formation in regard to schools as the State Superintendent or 
county superintendent may require. And any township from 
which such report is not received in the manner and time re- 
quired by law, shall forfeit its portion of the public fund for 
the next ensuing year: Provided, that upon the recommenda- 
tion of the county superintendent, or for ffood and suflicient 
reasons, the State Superintendent may remit such forfeiture. 

§ 29. In all cases where a township is, or shall be divided 
by a county line or lines, the board of trustees of such township 



21 

shall make or cause to be made separate enumerations of male 
and female persons of the ages as directed by section 28 of this 
article, designating separately the number residing in each of 
the counties in which such township may lie, and forward each 
respective number to the proper county superintendent of each 
of said counties; and in like manner, as far as practicable, all 
other statistics and information enumerated and required to be 
reported in the aforesaid section, shall be separately reported to 
the several county superintendents; and all such parts of said 
statistical information as are not susceptible of division and 
are impracticable to be reported separately, shall be reported 
to the county superintendent of the county in which the six- 
teenth section of such township is situated. 

§ 30. At each semi-annual meeting, and at such other meet- 
ings as they ma}^ think proper, the said tcwnship board shall 
-examine all books, notes, mortgages, securities, papers, moneys 
and effects of the corporation, and the accounts and vouchers 
of the township treasurer, or other township school officer, and 
shall make such order thereon for their security, preservation, 
collection, correction of errors, if any, and for their proper 
management, as may seem to said board necessary. 

§ 31. The trustees of schools in each township in the 8tate 
may receive any gift, grant, donation or devise made for the 
use of any school or schools, or library, or other school pur- 
poses within their jurisdiction; and they shall be and are hereby 
invested, in their corporate capacity, with the title, care and 
custody of all school houses and school house sites: Provided, 
that the supervision and control of such school houses and 
school house sites shall be vested in the board of directors of 
the district. 

§ 32. When, in the opinion of any board of directors, the 
school house site or any buildings have become unnecessary or 
unsuitable or inconvenient for a school, the board of trustees, 
on petition of a majority of the voters of the district, shall 
sell and convey the same in the name of the said board, after 
giving at least twenty days' notice of such sale by posting up 
written or printed notices thereof, particularly describing said 
property, and the terms of sale, which notice may be in the 
following form, viz. : 

Public notice is hereby given that on the day of 

A. D ' the trustees of schools of township 'No , range No. 

, will sell at public sale, on the premises hereinafter described, be- 
tween the hours of ten o'clock a. m. and three o'clock p. m., the school 
house situated on the school house site, known as (here describe the site 
by its number, commonly known name, or other definite description), aud 
located in the (here describe its place in the section), which sale will be 
made on the following terms, to-wit: (Here insert as "one-third of the 
purchase money cash in hand, and the balance in two equal payments, 
due in one and two years from the day of the sale, with interest at the 
rate of per cent, from date.") 

A. B. 

C. D. 

E. F. 
Trustees 



22 

And the deed of conveyance of the property so sold shall be 
executed by the president and clerk of said board, and the pro- 
ceeds of such sale shall be paid over to the township treasurer, 
for the benefit of said district. 

§ 33. All conveyances of real estate which may be made to 
said board shall be made to said board in their corporate name 
and to their successors in office. 

§ 34. The township board shall cause all moneys for the use 
of the townships and districts to be paid over to the township 
treasurer, who is hereby constituted and declared to be the 
only lawful depositary and custodian of all township and dis 
trict school funds. They shall have power also to remove the 
township treasurer, at any time, for any failure or refusal to- 
execute or comply with any order or requisition of said board,- 
legally made and entered of record, or for other improper con- 
duct in the discharge of his duty as treasurer. They shall also 
have power for any failure or refusal as aforesaid to sue him 
upon his official bond and recover all damages sustained by the 
said board in its corporate capacity, by reason of such neglect 
or refusal as aforesaid. 

§ 35. The township trustees are hereby vested with general 
power and authority to purchase real estate, if in their opinion 
the interests of the township fund will be promoted thereby, in 
satisfa,ction of any judgment or decree wherein the said board 
or the county superintendent are plaintiffs or complainants; 
and the title of such real estate so purchased shall vest in said 
board for the use of the inhabitants of said township, for school 
purposes. 

§ 36. The board of trustees are hereby vested with general 
power and authority to make all settlements with persons in- 
debted to them in their official capacity, or to receive deeds to- 
real estate in compromise, and to cancel, in such manner as 
thev may think proper, notes, bonds, mortgages, judgments and 
decrees, existing or that may hereafter exist, for the benefit of 
the township, when the interest of said township, or of the fund 
concerned shall, in their opinion, require it, and their action in 
the premises shall be valid and binding. 

§ 37. The board of trustees are hereby authorized to lease or 
sell at public auction, any land that may come into their pos- 
session in the manner provided for in either of the two preced- 
ing sections in such manner and on such terms as they may 
deem for the interests of thp townships: Provided, that in all 
cases of sale of such land, the sale shall be either at the door 
of the court house, where judicial sales of land are usually made, 
or else on the premises to be sold, as the trustees may order 
and direct: And, provided, that in all cases of sale of land, as 
provided in this section, the sale shall be made in the manner 
provided for sale of the sixteenth section by section 14 of article- 
XIII of this act. 



23 

§ 38. Upon petition of not less than fifty voters of any 
school township, filed with the township treasurer at least fif- 
teen days preceding- the reo^ular election of trustees, it shall be 
the duty of said treasurer to notify the voters of said township 
that an election "For" or " Against " a township high school 
will be held at the said next regular election of trustees, by 
posting notices of such election in at least ten of the most pub- 
lic places throughout such township, for at least ten days be- 
fore the day of such regular election, which notices may be in 
the following form, viz : 

"high school BLECTIO]Sr." 

Notice is liereby given that on Saturday, the day of April, 

A. D , an election will be held at for the 

purpose of voting "For" or " Against" the proposition to establish a town- 
ship high school for the benefit of township No , range No 

The polls for said election will be open at and close at 

o'clock of said day. 

A. B. 
Township Treasurer. 

Provided, that when any city in this State, having a popula- 
tion of not less than one thousand and not over one hundred 
thousa,nd inhabitants, lies within two or more townships, then 
that township in which a majority of the inhabitants of said 
city reside shall, together with said city, constitute a school 
township under this act for high school purposes. [As amended 
by act approved June 19, 1891.] 

§ 39. The ballots for such election shall be received and 
canvassed as in other elections, and may have thereon the 
name of the person or persons whom the voter desires for trus- ^iJL 
tee or trustees. ^^ 

§ 40. If a majority of the votes at such election shall be 
found to be in favor of establishing a township high school, it 
shall be the duty of the trustees of the township to call a special 
election on any Saturday within sixty da.ys from the time of 
the election establishing the township high school, for the pur- 
pose of electing a township board of education, to consist of 
five members, notice of which election shall be given for the 
same time and in the same manner as provided for in the elec- 
tion of township trustees. The members elected shall determine 
by lot, at their first meeting, the length of term each is to 
serve. Two of the members shall serve for one year each, two 
for two years, and one for three years, from the second Satur- 
day of April next preceding their election. Whenever a vacancy 
occurs (except by death or resignation), a successor or succes- 
sors shall be elected, each of whom shall serve for three years, 
w'hich subsequent election shall be held on the same day and in 
the same manner as the election of township trustees. In case 
of vacancy from other cause than the expiration of the term of 
office, the board shall call an election without delay, which elec- 
tion may be held on any Saturday, notice of which shall be 



f^ 



24 

given for the same time and in the same manner as for the 
election of township trustees. Within ten days alter their elec- 
tion, the members of the township board of education shall 
meet and organize by electing one of their number president, 
and by electing a secretary. It shall be the duty of the town- 
ship board of education to establish at some central point most 
convenient to a majority of the pupils of the township, a high 
school for the education of the more advanced pupils. 

§ 41. For the purpose of building a school house, support- 
ing the school and paying other necessary expenses, the town- 
ship shall be regarded as a school district, and the township 
board of education shall have the powder and discharge the 
duties of directors for such district in all respects. 

§ 42. In like manner the voters and trustees of two or more 
adjoining townships, or parts of townships, may co-operate in 
the establishment and maintenance of a high school, on such 
terms as they may, by written agreement made and signed by 
the boards of trustees, enter into. 

§ 4'i. When any township, townships or parts of townships 
shall have organized a high school, and wish to discontinue the 
same, upon petition of not less than a majority of the legal 
voters of said township, townships or parts of townships, filed 
with the township treasurers of said tow^nships at least fifteen 
days preceding a regular election of trustees, it shall be the 
duty of the said treasurers to notify the voters of the town- 
ship, townships or parts of townships, that an election will be 
held on the day of said regular election of trustees, for the 
purpose of voting "For" or "Against" discontinuing the town- 
ship high school; which notice shall be given in the same man- 
ner and for the same length of time, and may be in substan- 
tially the same, form as the notice provided for in section 38 of 
this article. 

§ 44. The ballots for such election shall be received and can- 
vassed in the same manner as provided for in section S9 of this 
article. If the majority of the votes at such election shall be 
found in favor of discontinuing the high school, it shall be the 
duty of the trustees to discontinue the same, and turn all the 
assets of the said high school over to the school fund of the 
township or townships interested therein, in proportion to the 
assessed valuation of said townships, to be used as any other 
township fund for school purposes. 

§ 45. No trustee of schools shall be interested in the sales, 
proceeds or profits of any book, apparatus or furniture used in 
any school in this State with which such trustee may be in any 
manner connected. For offending against the provisions of this 
section, any such trustee shall be liable to indictment, and, up- 
on conviction, shall be fined in a sum not less than twenty-five 
dollars nor more than five hundred dollar.^, and may be im- 
prisoned in the county jail not less than one nor more than 
twelve months, at the discretion of the court. 



25 

§ 4G. Trustees of schools in newly organized townships shall 
lay off the township into one or more school districts, to suit 
the wishes or convenience of a majority of the inhabitants of 
the township, and shall prepare or cause to be prepared a map 
of the township, on which map shall be designated the district 
or districts, to be styled, when there are more districts than 

one, "District No , in township No , range No. ....... of 

the P. M. (according to the proper numbers), county of 

, and State of Illinois." 

§ 47. In a township where such division into districts has 
been made, the said trustees may, in their discretion, at the 
regular meeting in April, when petitioned as hereinafter pro- 
vided for, change such districts as lie wholly within their town- 
ships, so as — 

First —To divide or consolidate districts. 

Second— To organize a new district out of territory belonging 
to two or more districts. ^ 

1hird~To detach territory from one district and add the 
same to another district adjacent thereto. 

§ 48. No change shall be made as provided for in the pre- 
ceding section, unless petitioned tor™ 

First— )^y a majority of the legal voters of each of the dis- 
tricts affected by the proposed change. 

Second— By two-thirds {%) of the legal voters living within 
certain territory, described in the petition, asking that said ter- 
ritory be detached from one district and added to another. 

Third— By two-thirds {%) of all the legal voters living within 
certain territory, containing not less than ten (10) families, 
asking that said territory may be made a new district. 

§ 49. In school districts having a population of not less 
than one thousand inhabitants, whether acting under the gen- 
eral school law or organized and acting under a special char- 
ter, desiring a change of boundaries, the question of such 
change may be submitted to the trustees by a vote of the peo- 
ple, instead of by the petition provided for in the preceding 
section, and when petitioned so to do by twenty-five legal 
voters of the district, the school board' of the district shall sub- 
mit the. question of the change desired to the voters of said 
district, at a special election called for that purpose, and held 
at least thirty days prior to the regular April meeting of trus- 
tees. If a majority of the votes cast at any such election shall 
be in favor of the change proposed, then, due return of the 
election having been made to the township treasurer, the town- 
ship trustees shall consider and take action the same as if 
petitioned therefor by a majority of the legal voters of such 
district: Provided, that no question of change of boundaries 
shall be submitted to a vote of the school district more than 
once in any year. 

[As amended by act approved June 18, 1891.] 



26 

§ 50. No petition shall be acted upon by the board of trus- 
tees unless such petition shall have been filed with the clerk of 
the said board of trustees at least twenty days before the re^- 
nlar meeting in April, nor unless a copy of the petition, to- 
gether with a notice in writing, signed by one or more of the , 
petitioners, shall be delivered by the petitioners, or some one 
of them, at least ten days before the date at which the petition 
is to be considered, to the president or clerk of the board of 
directors of each district whose boundaries will be changed if 
the petition is granted. 

Which notice may be in the following form, to-wit: 

The directors in District No , in township No , range No. .-. . . 

of the principal meridian, will take notice that the undersigned and 

others have made and filed with the board of trustees of said township 
their petition, a copy of which is herewith handed to you. 

Signed 

§ 51. At the said April meeting, by the concurrent action of 
the several boards of trustees of the townships in which the 
district or districts affected lie, each board being petitioned as 
provided for in section 48 of this article, the same changes may 
iDe made in the boundaries both of districts which lie in separ- 
ate townships, but adjacent to each other, and of districts 
formed of parts of two or more townships, as are permitted to 
be made in districts which lie wholly in one township. 

§ 52. When, at the regular meeting of the trustees in April, 
any petition shall come before the trustees, asking for any 
change in boundaiies, it shall be the duty of the trustees to 
ascertain if the foregoing provisions have been strictly complied 
with; and if it shall appear that they, or either of them, have 
not been complied with, then, in such case, the board shall ad- 
journ for not longer than four weeks, in order that the fore- 
going provisions may be complied with; but there shall be but 
one adjournment for such purpose. 

§ 53. If, on the day of the regular meeting, or, in case of an 
adjournment, at the adjourned meeting, it shall appear that 
such provisions have been complied with, then the trustees shall 
consider the petition, and shall also hear any legal voters liv- 
ing in the district or districts that will be affected by the 
change if made, who may appear before them to oppose the 
petition, and they shall grant or refuse the prayer of the peti- 
tioners without unreasonable delay. After the trustees shall 
consider the petition, no objection shall be thereafter raised as 
to its form, and their action shall be prima facie evidence that 
all the formal requirements have been complied with. 

§ 54. The petitioners, or the legal voters who have appeared 
before the trustees at the meeting when the petition was consid- 
ered, and opposed the same, shall have the right of appeal to 
the county superintendent of schools: Provided, that the party 



appealino; files with the clerk of the trustees a written notice of 
appeal within ten days after the final action upon the petition 
by the trustees, which notice may be in the following; form, 
to- wit : 

To the trustees of schools, township ISTo , range No , of 

county, Illinois: 

You are hereby notified that the undersigned will appeal from your de- 
cision, made on the day of , A. D , granting (or 

refusing) the prayer of the petition in regard to (here give substance of 

the petition concerned) to the county superintendent of schools of 

county, Illinois, as provided by law. 

Signed 

§ 55, When an appeal is taken from the action of the trustees 
to the county superintendent, the clerk of the trustees shall, 
within five days after the written notice of the appeal has been 
filed with him by the appellants, transmit all the papers in the 
case, with a transcript of the records of the trustees, showing^^ 
their action thereon to the county superintendent; and in casa 
of an appeal, the township treasurer shall be required to take 
no further action in the matter, except upon the order of the 
county superintendent, whose duty it shall be to investigate the 
case upon such appeal; and if, in his opinion, the change asked 
is for the best interests of the district or districts concerned, he 
shall make such change or changes ; but if he considers the pro- 
posed change unadvisable, he shall refuse to make it, and shall 
reverse, if need be, the action of the trustees, and shall give the 
clerk, from whom he received the paper, immediate notice of his 
decision, and his action shall be final and binding. If the 
changes asked for by the petitioners shall be made by the 
county superintendent, he shall notify, in writing, the clerk by 
whom the papers in the case were transmitted to him, of his ac- 
tion, and the clerk shall thereupon make a record of the same, 
and shall, within ten days thereafter, make a copy of the same 
and a map of the township, showing the districts, and an ac- 
curate list of the tax-payers of the newly arranged districts, 
and deliver them to the county clerk for filing and record by 
him, the same as if the changes had been ordered by the trus- 
tees. 

§ 56. In all cases where the territory affected by a proposed 
change of district boundaries is divided hj a county line or lines, 
the appeal may be taken to the county superintendent of schools 
of any one of the counties in which said territory is partly lo- 
cated, and upon any appeal being taken in any such case, the 
county superintendent of schools, to whom such appeal is taken, 
shall, forthwith, give notice to the county superintendent or 
superintendents of schools of the other county or counties of 
the pendency of such appeal, and of the time and place, when 
and where it will be heard, and the county superintendents of 
schools of the counties in which the said territory is located. 



28 

-shall meet together at such time aud place and together hear 
and determine said appeal. In case the said county superin- 
tendents shall be unable to arrive at an agreement, theu the 
county judge of the county where such appeal is pending shall 
be called, and shall constitute one of the board of appeal, and 
thereupon the appeal shall be heard and determined by them. 
And the county superintendent of schools to whom such appeal 
is taken shall at once notify, in writing, the clerk by whom the 
papers in the case were transmitted to him of the action taken 
on such appeal, as hereinafter provided. 

§ 57. Whenever change in boundaries is made by the trustees 
of schools, if no appeal is taken to the county superintendent, 
the clerk of the trustees shall make a complete copy of the rec- 
ord of the action of the trustees, which copy shall be certified 
by the president of the trustees and the clerk who shall file the 
same, together with a map of the township, showing the dis- 
1:ricts and an accurate list of the tax-payers of the newly ar- 
ranged districts, with the county clerk for record within twenty 
days of the action of the trustees. 

§ 58. In case any territory shall be set off from any district 
that has a bonded debt, the change not being petitioned for 
by a majority of the legal voters of said district, such original 
district shall remain liable for the payment of such bonded 
debt as if not divided. The directors of the original district 
having such bonded debt and of the district into which the ter- 
ritory taken from such original district has been incorporated 
or formed, shall constitute a joint board for the purpose of de- 
termining and certifying, and they shall determine and certify 
to the county clerk the amount of tax required yearly for the 
purpose of paying the interest and principal of such bonded 
debt, which tax shall be extended by the county clerk against 
all property embraced within such original district as if it had 
-not been divided. 

§ 59. When the trustees of schools shall organize a new dis- 
trict, as hereinbefore provided for, it shall be the duty of the 
clerk of the board of trustees, if no appeal is taken to the 
county superintendent, to order, within fifteen days after the 
action of the trustees, an election, to be held at some conven- 
ient time and place, within the boundaries of such newly organ- 
ized district, for the election of three school directors, notice 
being given by the township treasurer, who shall post up at 
least thi'ee notices of such election in at least three prominent 
places in said district, at least ten days prior to the time ap- 
pointed for holding such election, which notices shall specify the 
place where such election is to be held, the time for opening 
■^nd closing the polls, and the object of said election, which no- 
tice may be in the following form, to-wit: 



29 



'ELECTION NOTICE. 



Public notice is hereby given that on the day of A. D; 

an election will be held at for the purpose of electing 

three school directors for the new district known as district No , in. 

townstiip ISTo ' range No , of the P. M., in county, 

Illinois. 

The polls at said election will be open at o'clock M., and close 

at o'clock M. 

By order of the board of trustees of said township. 

Signed 

Township Treasurer. 

§ 60. At the time appointed for opening- the polls for said 
election, it shall be the duty of the legal voters present, five of 
whom shall constitute a quorum, to appoint three of their 
number, two of whom shall act as judges, and one as clerk of 
said election, and the election in all other respects shall be con- 
ducted as other elections for the election of school directors. 

§ 61. Within ten days after the election, it shall be the duty 
of the directors elected at such election, to meet at some con- 
venient time and place previously agreed upon by said direc- 
tors, and organize as a district board by appointing one of 
their number president, and another of their number clerk of 
said board, as in other cases of the election of school directors. 
At this first meeting of the directors they shall draw lots for 
their respective terms of office for one, two and three years, 
each of which shall be considered a fractional term, ending at 
each annual meeting according to the term drawn. 

§ 62. In case a new district is organized by the action of 
the county superintendent, the said clerk of the board of trus- 
tees shall, within fi^e days after he has received notice of the 
action of the county superintendent on the appeal, order an 
election of directors in the new district, the same as if the 
change had been made by the board of trustees, and such elec- 
tion shall be held in the same manner as the election provided, 
for where the trustees have formed such new district. 

§ 63. Whenever a new district has been formed by the trus- 
tees, or by the county superintendent, or county superintend-^ 
ents, from a part of a district or from parts of two or more 
districts, the trustees of the township or townships concerned 
shall proceed forthwith to make a distribution of tax funds, or 
other funds which are in the hands of the treasurer, or to which 
the district may, at the time of such division, be entitled, so 
that both the old and new districts shall receive parts of such 
funds, in proportion to the amount of taxes collected next pre- 
ceding such division from the taxable property in the territory 
composing the several districts. If the new district be composed 
of parts of two or more districts, the trustees shall make dis- 
tribution of said funds between the new district and the old 
districts, respectively, so that the new district shall receive a 
distribution of the funds of each of the old districts, in the- 



proportion which the amount of taxes collected from the prop- 
ert}^ in the territory of the new district bears to the whole 
taxes collected, next before the division, in the old district ; and 
the town treasurer shall forthwith place the sum so distributed 
to the credit of the respective districts, and shall immediately 
place the proportion of the funds to which said new district 
may be entitled to its credit on his books, and the funds on 
hand shall be subject at once to the order of the directors of 
the new district, and those not on hand as soon as collected. 

§ 64. The trustees of the township or townships concerned 
shall, at the time of the creation of a new district, or within 
the period of thirty days thereafter, proceed to the appoint- 
ment of three appraisers, who shall not be citizens of the town- 
ship or townships interested. It shall be the duty of said ap- 
praisers, within thirty days after their appointment, to appraise 
the school property, both real and personal, of the district or 
districts interested, at their fair cash value. Within thirty days 
after such appraisement, the trustee or trustees of the township 
or townships concerned shall proceed to charge the. property to 
the district in which it may be found, and to credit the other 
district interested therein with its proportion of such valuation: 
Provided, that the bona, fide debts, if any, of the old district, 
shall first be deducted and the balance charged and credited as 
aforesaid; and the trustees shall direct the treasurer to place 
to the credit of the district not retaining said property, its 
proportion of the value of said property, and of the funds then 
on hand, or subsequently to accrue, belonging to such district 
to which such property is charged. 

§ 65. If the trustees shall fail to observe the provisions of 
sections 63 and 64, in reference to distribution of funds and 
property, they shall be individually and jointly liable to the 
district interested, in an action on the case, to the full amount 
of the damages sustained by the district aggrieved. Where 
trustees have heretofore failed to make distribution of property 
to districts, as provided in said sections 63 and 64 of this 
article, the district interested in the making of such distribu- 
tion may, by its directors, request the trustees, in writing, to 
proceed to make such distribution; and said trustees shall 
proceed to make such distribution in the manner prescribed, 
and shall be liable, as herein stated, for a neglect or failure so 
to do. 

§ 66. The clerk of any board of trustees who shall fail, neg- 
lect, or refuse to perform the duties imposed upon him by this 
article of this act, or any of them, within the time and in the 
manner prescribed, shall, for each offense, forfeit not less than 
ten dollars ($10), nor more than twenty-five dollars ($25) of his 
pay as clerk of the board of trustees and township treasurer, 
which forfeiture shall be enforced by the trustees. 

§ 67. If any school district shall, for two consecutive years, 
fail to maintain a public school, as required by law to do, it shall 



31 

be the duty of the trustees of schools of the township, or town- 
ships, in which such district lies, to attach the territory of such 
district to one or more adjoiniug school districts; and in case 
said territory is added to two or more districts, to divide the 
property of said district between the districts to which its ter- 
ritory is added, in che manner hereinbefore provided for the 
division of property in case a new district is orsanized from a 
part of another district, and the action of the trustees in such 
a case shall be final and binding. And the clerk of the trustees 
in such case shall file a copy of the record of the same, to- 
g-ether with the map and list of tax-payers with the county 
clerk as in other cases of change of district boundaries. 

§ 68. The majority of legal voters of a district lying in two 
or more townships may secure the dissolution of said district 
by petitioning the several boards of trustees of said townships, 
at their regular meeting in April, that each will add the terri- 
tory belonging to said district, in its township, to one or more 
adjacent districts. Upon receipt of such petition, or the returns 
of the election (in districts containing one thousand or more 
inhabitants) the several boards of trustees shall each make 
such disposition of the territory of said district as lies in its 
township, and they shall jointly make such division of property 
of said district between the districts to which its territory is 
attached, as is hereinbefore provided in the case of the organi- 
zation of a new district from a part of another district. The ac- 
tion of the trustees, in accordance with such petition or elec- 
tion, shall be final and binding, and the clerks of the several 
boards of trustees, in such case, shall file a copy of the record 
of the same, together with the map and lists of tax-payers, with 
the county clerk, as in other cases of change of district bounda- 
ries. 

§ 69. The trustees of schools, elected as provided for in this 
article, shall be the successors to the trustees of school lands, 
appointed by the county commissioners' court, and of trustees 
of schools elected in townships under the provisions of "An act 
making provisions for organizing and maintaining common 
schools," approved February 26, 1841, and "An act to estab- 
lish and maintain common schools," approved March 1, 1847, 
and "An act to establish and maintain a system of free schools," 
approved April 1, 1872. All rights of property, and rights and 
causes of action, existing or vested in the trustees of school 
lands, or the trustees of schools appointed or elected as afore- 
said, for the use of the inhabitants of the township, or any part 
of them, shall vest in the trustees of schools, as successors, in 
as full and complete a manner as was vested in the trustees of 
school lands, or the trustees of schools appointed and elected 
as aforesaid. 



32 



AETICLE IV. 



TOWNSHIP TEEASURER. 



§ 1. Bond ; form of bond. 

§ 2. Treasurer's accounts; record of notes 
and bonds; subject to inspecuon. 

§ 3. Terms of loans. 

§ 4. Securities to run to board of trustees. 

§ 5. Surplus district funds may be loaied. 

§ 6. Statement of loans to be delivered to 
county superintendent. 

§ 7. Form and I'elease of mortgage. 

§ 8. Action on mortgage; insurance poli- 
cies 

§ 9. Additional security. 

§ 10. PrefB/ ence given to debts due to 
school fund. 

§ 11. Default m payment; penalty; action 
to recover interest. 

§ 12. Manner of bringing suits. 



§ 13. Treasurer shallkeep money, booksand 
papers, and keep funds at interest. 

§ 14. Semi-annual statement to trustees. 

§ 15. Annual exhibit. 

§ 16. Statement to districts; exhibit to be 
posted. 

§ 17. Penalty for failure to perform require- 
ments^ of the preceding sections. 

§ 18. Unpaid orders of teachers to draw in- 
terest. 

§ 19. Additional duties defined. 

§ 2U. Treasurer Jiable for faihire to perform 
his duties, but not liable when acting 
under orders of board. 

§ 21. Bonds.securities.etc.to be turned over 
to successor; penalty and judgment. 

§ 22. Compensation of the treasurer. 



§ 1. The township treasurer appointed by the board of 
trustees of schools shall, before entering upon his duties, execute 
a bond with two or more freeholders, who shall not be mem- 
bers of the board, as securities, payable to the board of trustees 
of the township for which he is appointed treasurer, with a 
sufficient penalty to cover all liabilities which may be incurred, 
conditioned faithfully to perform all the duties of township 

treasurer in township No , range No , in 

county according to law; which bond shall be approved by at 
least a majority of the board, and shall be delivered by one of 
the trustees to the county superintendent of the proper county. 
And in all cases where such treasurer aforesaid is to have the 
custody of all bonds, mortgages, moneys and effects denomi- 
nated principal, and belonging to the township for which he is 
appointed treasurer, the penalty of said treasurer's bonds shall 
be twice the amount of all bonds, notes, mortgages, moneys 
and effects; and shall provide for the faithful accounting for^ 
and turning over, of all such bonds, notes, mortgages, moneys 
and effcts as shall come into his hands while he may act as 
such treasurer, under such appointment, to his successor, when 
appointed and qualified, as herein provided, by giving bond. 
The penalty of said bond shall be increased from time to time^ 
as the increase of the amount of notes, bonds,, mortgages and 
effects may require, and whenever, in the judgment of the trus- 
tees or county superintendent, the security is insufficient. Any 
and every township treasurer appointed subsequent to the first, 
as herein provided, shall execute bond with security, as is re- 
quired of the first treasurer. 

The bond required in this section shall be in the following 
form, viz : 



33 

State of Ii^linois, ) „„ 

CouDty, r^- 

Know all men by these presents, that we, A. B., C. D. and E. F.,. are 
held and firmly bound, jointly and severally, unto the board of trustees 

of township. .. ." , range , in said county, In the penal sum 

of dollars, for the payment of which we bind ourselves, our 

heirs, executors and administrators firmly by these presents. 

In witness whereof we have hereunto set our hands and seals this 

day of , A. D. 18 ... The condition of the above obligation 

is such that if the above bounden A. B., township treasurer of township 

, range , in the county aforesaid, shall faithfully 

discharge the duties of said office, according to the laws which now are 
or may hereafter be in force, and shall deliver to his successor in office, 
after such successor shall have ful y qualifled by giving bond as provided 
by liw, all moneys, books, papers, securities and property which shall 
come into his hands or control, as such township treasurer, from the date 
of this bond up to the time that his successor shall have duly qualifled 
as township treasurer, liy giving such bond as shall be required by law, 
then this obligation to be void; otherwise to remain in full force and 
virtue. 

Approved and accepted by: 

G. H., ) A. B., (Seal.) 

I. J., y Trustees. C. D., (Seal.) 

K. L., ) E. F. (Seal.)i ■ 

§ 2. Every township treasurer shall provide himself with two* 
well bound books, the one to be called a cash book, the other 
a loan book. He shall charge himself in the cash book with all 
moneys received, stating the charge, when, from whom, and on 
Avhat account received; and credit himself with all moneys paid 
or loaned, stating the amount loaned, the date of the loan, the 
rate of interest, the time when payable, the name of the securi- 
ties, or, if real estate to be taken, a description of the same. 

He shall also enter, in separate accounts, moneys received and 
moneys paid out, charging the first to debit account, and cred- 
iting the latter as follows, to-wit: 

First — The principal of the township fund, when paid in and 
when paid out. 

Second— The interest of the township fund, when received and 
when paid out. 

Third — The common school fund and other funds, when re- 
ceived from the county supi^rintendent and when paid out. 

Fourth — The taxes received from the county or town col- 
lector, for what district received, and when and for what pur~ 
pose paid out. 

Fifth — Donations received. 

Sixth — Moneys coming from all other sources; and in all cases 
entering the date when received, and when paid out. And he 
shall also arrange and keep his books and accounts in such 
other manner as may be directed by the state or county super- 
intendent or the board of trustees. He shall also provide a 
book, to be called a journal, in which he shall record, fully 
and at length, the acts and proceedings of the board, their 

— 3S 



34 

orders, by-laws and resolutions. And he shall also provide a 
book, to be called a record, in which he shall enter a brief de- 
scription of all notes or bonds belonging to the township, and 
upon 'the opposite page he shall note down when paid, or any 
remarks to show where or in what condition it is, as in the 
following form, viz.: 

Maker's Name. Date of Note. When Due. Amount. Eemarks. 

January 6, 
18 — , handed 

A. B., C. D., E. F. January 1, 18. . January 1, 18. . 190.00 collecUon^'^ 

(or January 
6, 18.., paid.) 

All the books and accounts of the treasurer shall at all times 
be subject to the inspection of the trustees, directors or other 
person authorized by this act, or by any committee appointed 
by the voters of the township, at the annual election of trus- 
tees, to examine the same. 

§ 8. Township treasurers shall loan, upon the following con- 
ditions, all moneys which shall come to their hands by virtue of 
their office, except such as may be subject to distribution. The 
rate of interest shall not be less than six (6) per cent., nor 
more than eight (8) per cent, per annum,* payable annually, 
the rate of interest to be determined by a majority of the town- 
ship trustees at any regular or special meeting of their board. 
No loans shall be made for less than six (6) months, nor more 
than five (5) years. For all sums not exceeding two hundred 
dollars ($200) loaned for not more than one year, two (2) re- 
sponsible sureties shall be given ; for all sums over two hundred 
dollars ($200), and for all loans for more than one (1) year, 
security shall be given by mortgage on real estate unincum- 
bered, in value forty per cent, more than the amount loaned, 
with a condition that in case additional security shall be at any 
time required, the same shall be given to the satisfaction of the 
board of trustees for the time being: Provided, that nothing 
herein shall prevent the loaning of township funds to boards of 
school directors, taking bonds therefor, as provided in section 1 
article IX of this act. 

§ 4. Notes, bonds, mortgages and other securities taken for 
money or other property due, or to become due to the board 
of trustees for the township, shall be payable to the said board 
by their corporate name; and in such name, suits, actions and 
complaints, and every description of legal proceedings may be 
had for the recovery of money, the breach of contracts and for 
every legal liability which may at any time arise or exist, or 
upon which a right of action shall accrue to the use of such cor- 
poration: Provided, however, that notes, bonds, mortgages, 
and other securities in which the name of the county superin- 
tendent, or of the trustees of schools are inserted, shall be valid 

* 7 per cent, is the highest rate allowed by law on loans made on or after July 1, 1891. 



35 

to all intents and purposes, and suit sliall be brought in the 
name of the board of trustees as aforesaid. The wife of the 
mortgagor (if he is married) shall join in the mortgage given 
to secure the payment of money loaned by virtue of the pro- 
visions of this act. 

§ 5. Whenever there is a surplus of funds in the treasurer's 
hands belonging to any school district, the treasurer may loan 
the same for the use and benefit of such district, upon the 
written request of the directors of said district and not other- 
wise; and all such loans shall be on the same conditions as 
^re prescribed in this article for the loaning of township funds. 

§ 6. The township treasurer shall; on or before the 30th day 
•of June, annually, prepare and deliver to the county superin- 
tendent of his county, a statement, verified by his affidavit, 
showing the exact condition of the township funds. Said state- 
ment shall contain a description of the securities, bonds, mort- 
gages and notes belonging to the township, giving names of 
securities, dates, amount of loans, rate of interest, when due, 
and all data by which a full understanding of the condition of 
the funds may be obtained. The county superintendent shall 
preserve such statement for the use of the township. 

§ 7. Mortgages to secure the payment of money loaned under 
the provisions of this act, may be in the following form, viz.: 

I. A. B,, of the county of , and State of , do 

hereby grant, convey and transfer to the trustees of school of township 

, range 'No , in the county of , and State 

of Illinois, for the use of the inhabitants of said township, the following 
described real estate, to-wit: (Here insert premises), which real estate I 

•declare to be in mortgage for the payment of dollars loaned 

to me, and for the payment of all interest that may accrue thereon to be 

•computed at the rate' of per cent, per annum until paid. And 

1 do hereby covenant to pay the said sum of money in years 

trom the date hereof, and to pay the interest on the same annually, at 
the rate aforesaid: I further covenant, that I have a good and valid title 
to said estate, and that the same is free from all incumbrance, and that 
I will pay all taxes and assessments which may be levied on said estate ; 
and that I will give any additional security that may at any time be re- 
quired in writting by said board of trustees, and if said estate be sold to 
pay said debt, or any part thereof, or for any failure or refusal to comply 
with or perform the conditions or covenant herein contained, I will de- 
liver immediate possession of the premises. And it is further agreed, by 
and between the parties, in case a bill is filed in any court to forclose 
this mortgage for non-payment of either principal or interest, that tlie 
mortgagor will pay a reasonable solictor's fee and the same shall be in- 
cluded in the decree and be taxed as costs, and we, A. B., and C, wife of 
A. B., hereby release all right to the said premises which we may have 
by virtue of any homestead laws of this State, aM in consideration of the 
premises, C, wife of A. B., doth hereby release to said board all her 
right and title of dower in the aforegranted premises for the purpose afore- 
said. 

In testimony whereof we have hereby set our hands and seals this 

, — day of , 18 

A. B. (Seal.) 
C. B. (Seal-) 



36 

Whicli mortgage shall be acknowledged and recorded as is re- 
quired by law for other conveyances of real estate, the mort- 
gagor paying expenses of acknowledgment and recording. 

On payment of any school mortgage in full, it shall be the- 
duty of the trustees of schools to give a deed of release of sucb 
mortgage or to enter satisfaction thereof upon the record, sucb 
deed of release or satisfaction to be executed by the township- 
treasurer. 

§ 8. Upon the breach of any condition or stipulation con- 
tained in said mortgage an action may be maintained and dam- 
ages recovered as upon other covenants; but mortgages made- 
in any other form to secure payment, as aforesaid, shall be 
valid as if no form had been prescribed. In estimating the valu& 
of real estate mortgaged to secure the payment of money loaned 
under the provisions of this law, the value of improvements 
liable to be destroyed may be included, but in any such case 
said improvements shall be insured for the insurable value 
thereof in some safe and responsible insurance company or 
companies, and the policy or policies of insurance shall be trans- 
ferable to the board of trustees as additional security for any 
loan, and shall be kept so insured until the loan is paid. 

§ 9. In all cases where the board of trustees shall require ad- 
ditional security for the payment of money loaned, and such 
security shall not be given, the township treasurer shall cause 
suit to be instituted for the recovery of the same, and all inter- 
est thereon to the date of judgment: Provided, that proof be- 
made of the said requisition. 

§ 10. In the payment of debts by executors and administra- 
tors, those due the common school or township fund shall have 
a preference over all other debts, except funeral expenses, the 
widows award, and the expenses attending the last sickness, 
not including the physician's bill. And it shall be the duty of 
the township treasurer to attend at the office of the probate 
judge upon the proper day, as other creditors, and have any 
debts, as aforesaid, probated and classed, to be paid as aforesaid' 

§ 11, If default be made in the payment of interest due upon 
money loaned by any county superintendent, or township treas- 
urer, or in the payment of the principal, interest at the rate of 
twelve per cent, per annum shall be chaiged upoh the principal 
and interest from the day of default, which interest shall be in- 
cluded in the assessment of damages, or in the judgment in 
the suit or action brought upon the obligation to enforce pay- 
ment thereof, and interest as aforesaid may be recovered in an 
action brought to recover interest only. The said township- 
treasurer is hereby etnpowered to bring appropriate actions in 
the name of the board of trustees, for the recovery of the 
yearly interest, when due and unpaid, without suing for the 
principal, in whatever form secured, and justices of the peace 
shall have jurisdiction of such cases of all sums not exceeding- 
two hundred dollars. 



37 

§ 12. All suits brouj^ht or actions instituted under the pro- 
vision of this act may be brought in the name of the trustees 
of schools of township No , range No , except as pro- 
Tided for qui turn actions, or actions in favor of county super- 
intendents. 

§ 18. The said township treasurer shall demand, receive and 
safely keep, according to law, all moneys, books and papers of 
every description belonging to his township. He shall keep the 
township funds loaned at interest, and if, on the first Monday 
in October, in any year, there shall be any interest or other 
funds on hand which shall not be required for distribution, such 
amount not required as aforesaid, may, if the board of trustees 
see proper, forever be considered as principal in the funds to 
which it belongs, and loaned as such. 

§ 14. On the first Mondays in April and October of every 
year, the township treasurer shall lay before the board of trus- 
tees a statement showing the amount of interest, rents, issues 
and profits that have accrued or become due since their last 
regular half-yearly meeting, on the township lands and town- 
ship funds, and also the amount of state and county fund in- 
"terest on hand. He shall also lay before the said trustees all 
books, notes, bonds, mortgages and all oth^r evidences of in- 
debtedness belonging to the township, for the examination of 
the trustees, and shall make such other statement as the board 
may require, touching the duties of his office. 

§ 15. The said township treasurer shall make out annually, 
and present to the board of trustees, at their meeting succeed- 
ing the annual election, a complete exhibit of the fiscal affairs 
of the township, and of the several districts or parts of districts 
in the township, showing the receipts of money, and the sources 
;from which they have been derived, and the deficit and delin- 
quencies, if there be any, and the cause, as well as a classified 
statement of moneys paid out, and the amount of obligations 
remaining unpaid. 

§ 16. The township treasurer shall, within two days after 
-the first Monday of April, and on July fifteenth in each year, 
make out for each district or part of district in the township, a 
statement or exhibit of the exact condition of the account of 
such district or part of district, as shown by his books on 
April first and June thirtieth of each year; which statement or 
exhibit shall show the balance at the time of making the last 
exhibit, and the amount received since, up to the time of mak- 
ing the exhibit, and when and from what source received; and it 
shall also show the amount paid out during the same time, to 
whom paid, and for what purpose, and shall be balanced and the 
balance shown. It shall be the duty of said treasuier to com- 
ply with any lawful demand the said trustees may make as to 
the verification of any balance reported by said treasurer to be 
on hand. The exhibit shall be subscribed and sworn to by the 
treasurer before any officer authorized to administer an oath, 
a.nd shall then, by the treasurer, be, without delay, delivered or 



38 

transmitted by mail to the clerk of the board of directors of 
the proper district. It shall be the duty of the said clerk, upon 
receiving such exhibit, to enter the same upon the records of 
the district, and, at the next annual election of directors there- 
after, to cause a copy thereof to be posted up at the front door 
of the building; where such election is held. 

§ 17. For a failure on the part of the treasurer, clerk of any 
board of directors, or any director, to comply with any of the 
requirements of the preceding sections of this article, he shall 
be liable to a penalty of not less than five dollars (|5) nor 
more than fifty dollars ($50), to be recovered before any justice 
of the peace of the county in which the offense is committed. 

§ 18. When an^- order, drawn for the payment of a teacher,. - 
is presented to the township treasurer for payment, and is not 
paid for want of funds, the said treasurer shall make a written 
statement over his signature by an endorsement on such order,, 
with date, showing such presentation and non-payment, and 
shall make and keep a record of such endorsement. Such order 
shall thereafter draw interest at the rate of eight per cent, per 
annum until paid, or until the treasurer shall, in writing, 
notify the clerk of the board of directors that he has funds tO' 
pay such order; and of said notice the said treasurer shall 
make and keep a record; after giving said notice he shall hold 
the funds necessary to pay such order until it is presented for 
payment, and such order shall draw no interest after the giv- 
ing of said notice to said clerk of the board. 

§ 19. In addition to the foregoing requirements, it shall be 
the dut3^ of the said township treasurer — 

Fiist — To return to the county clerk of his county, on or be- 
fore the second Monday of August in each year, the certificate 
of tax levy made by each board of school directors in his 
township. 

Second — To pay, whenever he has funds in his hands belong- 
ing to the district, all lawful orders drawn on him by the board 
of directors of any school district in his township. 

Third — To collect, from the collector of taxes of the township 
and the county collector of taxes, the full amount of the tax 
levies made by the several boards of directors in his township. 

Fourth— To examine the official record of each school district 
in the township on the first Mondays in April and October of 
each year. 

Fifth— To keep a correct account between the districts where 
pupils are transferred by the directors from one district to an- 
other. 

Sixth — To give, upon the order of the trustees of schools, 
notice of the election of trustees, as required by law. 

Seventh — To give, in case of the formation of a new school 
district, notice of the election of a board of school directors. 



39 

Eighth— To cause to be published in some newspaper published 
in his county an annual statement of the finances of the town- 
ship, as required by law. 

Ninth— To make, whenever a change has been made in the 
boundaries of a school district, a complete copy of the records 
of the trustees, a map of the township showino- such change of 
boundaries, and an accurate list of the tax-payers in the newly 
arranged districts, and file the same with the county clerk 
within twenty days of the time such change was made. 

Tenth— To file and safely keep all poll-books and returns of 
election which may be delivered to him under any provisions of 
this act. 

Eleventh— To receive and safely keep all moneys, securities,, 
papers and effects belonging to the township or the school dis- 
tricts, which, by law, are required to be deposited with such 
treasurer. 

§ 20. For any failure or refusal to perform all the duties re- 
quired of the township treasurer by law, he shall be liable to 
the board of trustees, upon his official bond, for all damages 
suvStained, to be recovered by action of debt by said board, in 
their corporate name, for the use of the proper township, before 
any court having jurisdiction of the amount of damages claimed; 
but if such treasurer, in any such failure or refusal, acted under 
and in conformity to a requisition or order of said board, or a 
majority of them^ entered upon their journal and subscribed by 
their president and clerk, then, and in that case, the members of 
the board aforesaid, or those of them voting for such requisi- 
tion or order aforesaid, and not the treasurer, shall be liable, 
jointly and severally, to the inhabitants of the township for 
such damages, to be recovered by an action of assumpsit in 
the official name of the county superintendent of schools, for the 
use of the proper townships: Provided, that said township 
treasurer shall be liable for any part of the judgment obtained 
against said trustees which cannot be collected on account of 
the insolvency of such trustees. 

§ 21. Whenever a township treasurer shall resign or be re- 
moved, and at the expiration of his term of office, he shall pay 
over to his successor in office all money on hand, and deliver 
over all books, notes, bonds, mortgages, and all other securi- 
ties for money, and all papers' and documents of every descrip- 
tion in whichthe corporation has any lawful interest whatever. 
And in case of the death of the township treasurer, his securi- 
ties and legal representatives shall be bound to comply with the 
requisitions of this section, so far as the said securities and 
legal representatives may have the power so to do. And for a 
failure to comply with the requisitions of this section, the per- 
sons neglectihg or refusing shall be liable to a penalty of not 
less than ten dollars (flO) nor more than one hundred dollars 
($100) at the discretion of the court before which judgment 
may be obtained, to be recovered in an action of debt, in the 



40 

Dame of the trustees of schools, before any Justice of the peace, for 
the benefit of the school fund of such townships: Provided, that 
the obtainino- or payment of such judo;ment shall in no wise 
discharo-e or diminish the obligation of the persons signing the 
official bond of such township treasurer. 

§ 22. The township treasurers shall receive in full, for all ser- 
vices rendered by them, a compensation to be fixed, prior to 
their election, by the board of trustees. 



AETICLE Y. 



BOARD OF DIRECTORS. 



§ 1. 

§ 2. 

§ 3. 

§ 4. 

§ 5. 

§ 6. 

§ 7. 

§ 8. 

§ 9. 

§ 10. 

§ 11. 
§ 12. 

5 13. 
§ 14. 

§15. 
§ 16. 
§ 17. 

S 18. 



Board of directors in districts with 

]e-s than l.i 0(i inhabitants. 
Boanl of dii ectors a body politic. 
Elii-'ibllity of school directors. 
N'ln-iesidencfe creates a vacancy. 
Annual election and term of office. 
Eieciion in new districts. 

Vacancies. 

Notices of election. 

Ele -tion in eeitain cases ordered by 

town-hip treasm-er or county super- 
intendent. 
Judges; postponement: election on 

any Saturday. 
A tie vote. 
Delivery of the poll book, and filing 

the same-.certiflcate. 
Poll book in union district. 
Penalty for failure to deliver the poll 

book. 

Organization of the beard 
Qiioiuiu. 
fieoords. 
Meetings. 



§ 19. 

§ 20. 
§ 21. 
§ 22. 
§ 23. 

5 24. 

§ 25. 
§ 26. 
§ 27. 
§ 2S. 
§ 2!>. 
§ 30. 
§ 31. 

§ 32. 
§ 33. 

§ 34. 

§ 35. 
§ 36. 



Business to be done at a regular or 
special meeting. 

President or clerk pro tempore. 

Rt^poir of the organization. 

Reports of statistics, eic. 

Not to be interested in school con- 
tracts. 

Not to be interested in sale of school 
books, etc. 

Liable to indictment and fine. 

Duties di^fined. 

Additional powers defined. 

Orders on (!• mand. 

Orders in anticipation of (axes. 

Liable for balance due teachers. 

Vote of the district leauired to locate 
schools si;e, etc. 

Comiiensation for school site. 

Removal by the county superintend- 
ent. 

Funds paid out upon orders; form of 
order. 

Tran.sfer of pupils ;sepaiat e schedules, 

iDireetors collect amount due from 
transfer pupils. 

Section 1. In all school districts having a population of less 
than one thousand inhabitants, and not governed by any spe- 
cial act in relation to free schools now in force, there shall be 
elected in the manner hereinafter provided for, a board of di- 
rectors to consist of three members. [As amended by an act 
approved June 1, 1889.] 

§ 2. The directors of each district are hereby declared a body 
politic and corporate, by the name of "school directors of dis- 
trict No , townishipNo range No , county of 

, and State of Illinois,'' and by that name may 

sue and be sued in all courts and places whatever. 

§ 3. Any person, male or female, married or single, of the 
age of twenty-one j^ears and upwards, who is a resident of the 
school district, and who is able to read and write in the English 
language, shall be eligible to the office of school director: Pro- 
vided, that no person shall be eligible to the office of school di- 
rector who is at the time a member of the board of school 
trustees. 

§ 4. If any director shall, during the term of his office, re- 
move from the district in wduct he w^as elected, his office shall 



4-1 

thereby become vacant and a new director shall be elected, as 
in other cases of vacancy iu office. 

§ 5. The annual election of school directors shall be on the 
third Saturday of Af)ril, when one director shall be elected in 
each district, who shall hold his office for three years, and until 
his succes.sor is elected. 

§ 6. In new districts the first election of directors may be on 
any Saturday, notice beino- g;iven by the township treasurer, as 
for the election of trustees, when three directors shall be elected, 
who shall, at their fiist nieeting. draw lots for their respective 
terms of office, for one, two and three years. 

§ 7. When vacancies occur, the remaining director or direct- 
ors shall, without delay, order an election to fill such vacancies, 
which election shall be held on Saturday. 

§ 8. Notices of all elections in organized districts shall be 
given by the directors at least ten days previous to the day of 
said plection. Said notices shall be posted in at least three of 
the most public places in the district, and shall specify the 
place where such election is to be held, the time of opening and 
closing of the polls, and the question or questions to be voted on. 

§ 9. Should the directors fail or refuse to order any regular 
or special election, as aforesaid, it shall be the duty of the 
township treasurer to order such election, and if the township 
treasurer fails to do so, then it shall be the duty of the county 
superintendent to order such election of directors within ten 
days, in each case of such failure or refusal, and the election 
held in pursuance of such order shalh be valid, the same as if 
ordered by the directors. 

§ 10. Two of the directors ordering such election shall act as 
judges and one as cleik of such election. But if said directors 
or any of them shall fail to order an election, to attend, or 
shall refuse to act when present, and in all unorganized districts 
and in elections to fill vacancies, the legal voters when assem- 
bled shall choose such additional members as maybe necessary 
to act as two judg:es and a clerk of said election: Provided, 
that if upon the day appointed for said election the said di- 
rectors or judges shall be of opinion that, on account of the 
small attendance of voters, the public good requires it, or if the 
voters present, or a majority of them, shall desire it, they shall 
postpone said election until the next Saturday, at the same 
place and hour, when the voters shall proceed as if it were not 
an adjourned meeting: And, provided, nlso, that if notice shall 
not have been given as above required, then said election shall 
be ordered as aforesaid and holden on any Saturday, notice 
thereof being given, as aforesaid. 

§ 11. In case of a tie vote, the judges shall decide it by lot 
on the dav of the election. 



42 

§ 12. Within ten days after every election of directors the 
judges shall cause the poll book to be delivered to the township 
treasurer, with a certificate thereon showing: the election of said 
directors and the names of the persons elected ; which poll book 
shall be filed by the township treasurer, and shall be evidence- 
of sad election. 

§ 13. In cases of a union district, made up of parts of two or 
more townships, the poll book shall be returned to the township 
treasurer who receives the tax money for said district. 

§ 14. For a failure to deliver the poll book within the time 
prescribed, the judg'es shall be liable to a penalty of not less 
than twenty-five dollars (-f^o) nor more than one hundred dol- 
lars (|100) to be recovered in the name of the People of the 
State of Illinois, by action of assumpsit, before any justice of 
the peace of the county, w^hich penalty, when recovered, shall be 
added to the township school fund of the township. 

§ 15. The directors, within ten days after the annual election 
of the directors, shall meet and organize by appointing one of 
their number president, and another of their number clerk of 
such board of directors. 

§ 16. Two directors shall be a quorum for business. 

§ 17. The clerk of such board of directors shall keep a record 
of all the oflicial acts of the board in a well bound book pro- 
vided for that purpose, which record shall be signed by the presi- 
dent and clerk, and shall be submitted to the township treasurer 
for his inspection and approval on the first Mondays of April 
and October, and at such other times as the township treasurer 
may require. 

§ 18. The board of directors shall hold regular meetings at 
such times as they may designate; and they may hold special 
meetings as occasion may require, at the call of the president 
or any two members. 

§ 19. No official business shall be transacted by the board 
except at a regular or special meeting. 

§ 20. If the president or clerk be absent from any meeting, 
or, being present, refuses to perform his official duties, a presi- 
dent or clerk pro tempore shall be appointed. 

§ 21. The clerk of each board of school directors shall report 
to the township treasurer or treasurers of the proper township 
or townships, immediately after the organization of the board, 
the names of the president and clerk of such board. 

§ 22. On or before the seventh da^'' of July, annually, the 
clerk of each board of directors shall report to the township 
treasurer having the custody of the funds of such district, such 
statistics and other information in relation to the schools of his 
respective district as the township treasurer is required to em- 
bod.y in his report to the county superintendent, and the par- 
ticular statistics to be so reported shall be determined and des- 



43 

ig-nated by the State Superintendent of Public Instruction, or 
by thie county superintendent. 

§ 23. No director shall be interested in any contract made by 
the board of which he is a member. 

§ 24. No director shall be interested in the sale, proceeds or 
profits of any book, apparatus or furniture used or to be used 
in any school in this State with which he may be connected. 

§ 2o. Any person offending against the provisions of the two 
preceding sections .shall be liable to indictment, and. upon con- 
viction, shall be fined in any sum not less than twenty-five dol- 
lars (^2.j) and not more than five hundred dollars (§500), and 
may be imprisoned in the countv jail not less than one nor more 
than twelve months, at the discretion of the court. 

§ 2o. It shall be the duty of the board of directors of each 
district — 

First — At the annual election of directors to make a detailed 
report of their receipts and expenditures to the voters there pres- 
ent, and transmit a cop\' of such report to the township treas- 
urer within five days from the time of said election. 

Second -To report to the county superintendent, within ten 
days after their employment, the full names of all persons em- 
ployed as teachers, the date of the beginning and the end of 
their contract. 

Ihird — To provide for the necessary revenue to maintain free 
schools in their district in the manner provided for in article 
YIII of this act. ^ - 

Fourth— When a district is composed of parts of two or more 
townships, the directors shall determine and inform the collec- 
tors of said townships, and the collector or collectors of the 
county or counties in which said townships lie, in writing, un- 
der their hands as directors, which of the treasurers of the 
townships from which their district is formed shall demand and 
receive the tax money collected by the said col.ector as afore- 
said. 

FUth — To establish and keep in operation for at least one 
hundred and ten (110) days of actual teaching, in each year, 
without reduction by reason of closing .schools on legal holi- 
days, or for any other cause, and longer if practicable, a suffi- 
cient number of free schools for the accommodation of all chil- 
dren in the district over the age of six (6) and under twenty- 
one (21) years, and shall secure for all such children the right 
and opportunity to an equal education in such free schools. 

Sixth — To adopt and enforce all necessary rules and regula- 
tions for the management and government of the schools. 

Seventh — To visit and inspect the schools from time to time 
as the good of the schools may require. 

Eighth — To appoint all teachers and fix the amount of their 
salaries. 



k 



/ 



4:4= 



Ninth — Tlie directors shall direct what branches of study shall 
be taught aud what text books and apparatus shall be used 
in the several schools, and strictly enforce uniformity of text 
books therein, but shall not permit text books to be chano-ed 
oftener than once in four yeais, but shall prohibit such change.* 

Tenth — The directors shall have power to purchase, at the ex- 
pense of the district, a sufficient number of the text books used, 
to supply children whose parents are not able to buy them. 
The text books bouoht for such purpose shall be loaned only, 
and the directors shall require the teacher to see that they are 
propeily cared for and returned at the end of each term of 
school. 

Eleventh— The directors shall, on or before the seventh day 
•of July, annually, deliver to the township treasurer, ad teach- 
ers' schedules made and certified as required by the provisions 
of article VII of this act, covering; all time taught during the 
school year, ending June 80th, and the directors shall be per- 
sonally liable to the district for any loss sustained by it, 
through the failure of the directors to examine and so deliver 
such schedules within the time fixed by law. 

Twelfth — The directors shall not pay out any public money 
to any teacher unless such teacher shall, at the time of his or 
her emplo3'^ment, hold a certificate of qualification, obtained 
under the provisions of this act, covering the entire period of 
his or her employment. 

Thirteenth — The directors shall not pay any public funds to 
any teacher, unless such teacher shall have kept and furnished 
schedules as required by this act, and shall have satisfactorily 
accounted for books, apparatus and other property of the dis- 
trict that he may have taken in charge. 

' Fourteenth— The directors shall pay teachers' wages monthly. 
Upon the receipt of schedules, properly certified, the directors 
shall at once make out and deliver to the teacher an order 
upon the township treasurer for the amount named in the 
schedule; which order shall state the rate at which the teacher 
is paid according to his contract, the limits of time for which 
the order pays, and that the directors have duly certified a 
schedule covering this time. But it shall not be lawful for the 
directors to draw an order until they have duly certified to the 
schedule; nor shall it be lawful for the directors after the date 
of filing schedules as fixed by law, to certify any schedule not 
delivered to them before that date by the teacher, when such 
schedule is for time taught before the first of July preceding, 
nor to give an order in payment of the teachers' wages for the 
time covered by such delinquent schedule. 

Fifteenth — At the annual election of directors, the directors 
shall cause a copy of the township treasurer's report of the 

* See act concerning alcohol and narcotics, approved June 1. 1889. 



45 

financial condition of the district, provided by law, to be posted 
upon the front door of the buildina; where such annual election 
is held. 

§ 27. The board of school directors shall be clothed with the 
following additional powers: 

First— To use any funds belono;ing' to their district, and not 
otherwise appropriated, for the purchase of a suitable book for 
their records. And the said records shall be kept in a punctual, 
orderly and reliable manner. 

Second— Sdid directors may, where they deem the amount of 
labor done sufficient to justify it, allow the clerk of such board 
of directors, out of any fund not otherwise appropriated, com- 
pensation for duties actually performed. 

Third— They shall have power to dismiss a teacher for incom- 
petency, cruelty, negligence, immoraiity or other sufficent cause. 

Fourth — They shall have power to assign pupils to the several 
schools in the district; to admit non-residents when it can be 
done without prejudice to the rights of resident pupils; to fix 
rates of tuition ; collect and pay the same to the township treas- 
urer for the use of said district. 

Fifth — They may suspend or expel pupils who may be guilty 
of gross disobedience or misconduct, and no action shall lie 
against them for such expulsion or suspension. 

Sixth — They may provide that children under twelve (12)N /vr 
years of age shall not be confined in school more than four ) '^ 
hours daily. y 

Seventh — They may appropriate, for the purchase of libraries 
and apparatus, any school funds remaining after all necessary 
school expenses are paid. 

Eighth— When any school district owns any personal property 
not needed for school purposes, the directors of such district 
may sell such property at public or private sale, as in their 
judgment will be for the best interest of the district, and the pro- 
ceeds of such sale shall be paid over to the treasurer of such 
district, for the benefit of said school district. 

Ninth— They may grant special holidays whenever in their 
judgment such action is advisable: Provided, no teacher shall 
he requii-ed to make up the time lost by the granting of such 
holidays. 

Tenth— They shall have the control and supervision of all school 
houses in their district, and may grant the temporary use of 
school houses when not occupied by schools, for religious meet- 
ings and Sunday schools, for evening schools and literary 
societies, and for such other meetings as the directors may deem 
proper. 

Eleventh— They shall have power to decide when the school 
house site, or the school buildings have become unnecessary, or 
unsuitable, or inconvenient for a school. 



46 

Twelfth — They may borrow money and issue bonds therefor 
for building; school houses, purchasing sites, repairino; and im- 
proving school houses, in the way and manner provided for by 
article IX of this act. 

§ 28. The school directors shall draw no order or warrant 
payable on demand upon the township treasurer or against 
any fund in his hands, unless at the time of drawing such order 
or warrant there are sufficient funds in his hands to pay the 
amount of the same: Provided, this section shall not apply to 
orders issued to teachers for their wages. 

§ 29. Whenever there is no money in the treasury of any 
school district to meet and defray the ordinary and necessary 
expenses thereof, it shall be lawful for the board of directors to 
provide that orders or warrants may be drawn and issued 
against and in anticipation of the collection of any taxes already 
levied b3'^ said directors for the payment of the ordinary and 
necessary expenses of an^'^ such district, to the extent of seventy- 
five per centum of the total amount of said tax levy: Provided, 
that warrants drawn and issued under the provisions of this 
section shall show upon their face that they are payable solely 
from said taxes when collected, and not otherwise, and such 
warrants shall be received by any collector of taxes in payment 
of the taxes against which they are issued, and which taxes 
against which said warrants or orders are drawn shall be set 
apart and held for their payment. 

§ 30. The school directors shall be liable as directors for the 
balance due teachers, and for all debts legally contracted. 

§ 31. It shall not be lawful for a board of directors to pur- 
chase or locate a school house site, or to purchase, build or 
move a school house, or to levy a tax to extend schools be- 
yond nine months without a vote of the people at an election 
called and conducted as required by section 4 of article IX of 
this act. A majority of the votes cast shall be necessary to 
authorize the directors to act: Provided, that if no one locality 
shall receive a majority of all the votes cast at such election, 
the directors may, if in their judgment the public interest re- 
quires it, proceed to select a suitable school house site; and the 
site so chosen by them shall, in such case, be legal and valid, 
the same as if it had been determined by a majority of the 
votes cast; and the site so selected by either of the methods 
above provided shall be the school house site for such district; 
\ and said district shall have the right to take the same for the 
purpose of a school house site either with or without the own- 
er's consent by condemnation or otherwise. 

§ 32. In case the compensation to be paid for the school 
house site mentioned in the preceding section can not for any 
reason be agreed upon or determined between the school di- 
rectors and the parties interested in the land taken for such 



47 

site, then it shall be the duty of the directors of such district 
to proceed to have such compensation determined in the man- 
ner which may be at the time provided by law for the exercise 
of the rioht of eminent domain: Provided, that no tract of 
land lying outside of the limits of any incorporated city or 
villag'e, and lyino^ within forty rods of the dwelling house of the 
owner of the land, shall be taken for a school site without the 
owner's consent. 

§ 33. Any director willfally failing to perform his duties as 
director under this act may be removed by the county superin- 
tendent, and a new election ordered, as in other cases of vacan- 
cies. 

§ 34. All funds belonging- to any school district, and coming 
from any source, shall be paid out only on order of the board 
of directors, signed by the president and clerk of said board, or 
by a majority of said board. In all such orders shall be stated 
the purpose for which or on what account such order was 
drawn. Said order may be in the following form : 

The treasurer of township No , range ISFo , in 

county, will pay to or bearer dollars and 

■cents, (on his contract for repairing school house or whatever the pur- 
pose may be). By order of the board of directors of school district No. 
. . — , in said township. 

A B , President. 

C D , Clerk. 

§ 35. Pupils shall not be transferred from one district to 
another without the written consent of a majority of the di- 
rectors of each district, which written consent shall be delivered 
to and filed with the proper township treasurer, and shall be 
■evidence of such consent. A separate schedule shall be kept for 
each district, and in each schedule shall be certified the proper 
amount due the teacher from that district, computed upon the 
basis of the total number of days' attendance of all schedules. 
If the district from which the pupils are transferred is in the 
same township as the district in which the school is taught, the 
directors of said district shall deliver the separate schedules to 
their township treasurer, who shall credit the district in which 
the school was taught and charge the other district with the 
respective amounts certified in said separate schedules to be due. 
If pupils are transferred from a district of another township, the 
schedule for that district shall be delivered to the directors 
thereof, who shall immediately draw an order on their treasurer 
in favor of the treasurer of the township in which the school 
was taught for the amount certified to be due in said separate 
schedule. 

§ 36. When a school is composed in part of pupils trans- 
ferred, as provided for in the preceding section, from other 
townships, the duty of collecting the amount due on account of 
such pupils shall devolve upon the directors of^ the district in. 
which the school was taught. 



43 
ARTICLE VI. 

BOARD OF EDUCATION. 



1. Cities ani villages. 

2. Boards of education inall di'^tricts not 

less I hail 1,001) inliabitants; number 
of rnemhei-s. 

3. President of the board. 



4. Duties and powi^rs of the president. 1 pointment 



§ 16. Redistrictinsr under this act; eleetiott. 
of sniiooi boa els. 

§ 17. Nnmbur of nien/bers in board of edn- 
ea1it)not citie-i hnviuK over 100,000 
inhabitants, and mauaer of their ap- 



§ 6. Annua! election ol menibeis; term of 
• uffl^e. 

§ 6. Nor-ce of election; form of notice. 

§ 7. El etion on any Saturday. 

§ 8. Condiicr of election. 

§ 9. Election of raeiiibms of board of edu- 
cation to succeed diiecto! s. 

S 10. Towe s and cuties of the board de- 
lined. 

§11. Yeas and nays. 

I IZ. Business to be done at a regular or 
special meeiing. 

§ 13. Conveyances oi i'eale.sta(e;how mad r-. 

I 14. [School moneys in charge of tuwn^^hip 
treasurer-. 

I 15. Special acts mav be relinquished; 
manner of change and form of no- 
tice. 



§ 18. Eligibilit. to membership in boards 
of education in sui-.h cine''. 

§ 19. Organiza'ion; emiiloyes ot the board;: 
term, etc. 

§ 20. Records; yeas and nays. 

§ 21. Powers, witli concairence of city 
council, defined. 

§22. Other powejs defined. 

S 2";. Duties defined. 

§ 24. Business to be doneat a regular meet- 
ing. 

§ 25. Conveyance's of real estate made to 
city in trust. 

§ 26. School moneys held b\' city treasurer.. 

i 27. City not liable for excess of expendi- 
tures; oard not authorized to tax. 

§ 28. Powers of board not to be exeicised 
by city couuil. 



Secteon 1, Incorporated cities and villaores, except such as 
now have charge and control of free schools by special acts, 
shall b8 and remain parts of the school townships in wliich 
thej are respectively situated and be subject to the general 
provisions of the school law, except as otherwise jjrovided in 
this article. 

§ 2. In all school districts having: a population of not less 
than one thousand and not over one hundred thousand inhabi- 
tants, and not governed by anv special act in relation to free 
schools now in force, there shall be elected, insiead of the direc- 
tors provided by law in other districts, a board of education, 
to consist of a president of the board of education, six niembers 
and three additional members for every additional ten thousand 
inhabitants. Whenever additional members of snch board of 
education are to be elected by reason of increased population of 
such district, such members shall be elected on the. third Satur- 
day of April succeeding the ascertaining of such increase by 
any special or general census, and the notice of such election 
shall designate the teim for which the members are to be elected,. 
so that one-third of the board shall be elected for each \ea,v: 
Provided, that in no case shall said board consist of more than 
fifteen members. 

§ 3. The president of said board of education shall be elected 
annually, at the same time the members of the boaid of educa- 
tion are elected, and he shall hold his office for the term of one 
year, and until his successor is elected and qualified. 

§ 4. The president of the board of education so elected shall 
preside at all meetings of said board, and shall give the cast- 
ing vote in case of a tie between the members thereof; but other- 
wise he shall not have a vote. He shall sign all orders for the 



49 

pavraent of money ordered by said board, and o;enerany per- 
form such duties as are imposed by law upon presidents of 
boards of directors, or that may be imposed upon him by said 
board of education, not in conflict Avith law: Provided, that in 
the absence or inability to act as said president, said board 
may appoint a president pro tempore from their number. 

§ 5. The annual election of members of the board of educa- 
tion shall be on the third Saturday in April, when oue-third of 
the members shall be elected for three years, and until their suc- 
cessors are elected and qualified. 

§ 6. Notice of such election shall be ^iven by the board of 
education at least ten days previous to such election by posting' 
notices in at least three of the most public places in said dis- 
trict, which shall specify the place where such election is to be 
held, the time of opening and closing the polls and the purpose 
for which such election is held, which notice may be in the fol- 
lowing form, to-wit: 

Public notice is hereby given, tlaat on Saturdaj^, the day of April, 

A. D , an election will be held at , between the 

hours of and of said day, for the purpose of electing a presi- 
dent of the board of education of district ISTo , township No , 

range No , and members of the board of education of said district. 

Dated this day of , A . D 

A B President. 

G D ; Cle.li. 

§ 7. In case of a failure to give the notice above provided for^ 
such election may be held on an.y Saturday after such notice 
has been given as aforesaid. 

§ 8. Such election shall be conducted in the same manner 
and be governed by the provisions of this act relating to the 
election of boards of directors, except as otherwise provided by 
law. 

§ 9. At the first election of directors succeeding the passage 
of this act, in any district having a population of not less than 
one thousand (1,000) inhabitants by the census of 1&8(), and 
in such other districts as may hereafter be ascertained by any 
special or general census to have a population of not less than 
one thousand (1,000) inhabitants, at the first election of direc- 
tors occurring after taking such special or general census, there 
shall be elected a board of education, who shall be the succes- 
sors of the directors of the district; and ail rights of property 
and all rights or causes of action existing or vested in such 
directors, shall vest in said board of education, in as full and 
complete a manner as was vested in the school directors. Such 
board, at its first meeting, shall fix. by lot, the terms of office 
of its members, so that one-third of them shall serve for one 
year, one-third for two years, and one-third for three years, 
and thereafter one-third shall be elected annually on the t* ird 
Saturday in April, to fill the vacancies occurring, and to serve 
for the term of three years. 

—4 S 



50 

§ 10. The board of education shall have all the powers of 
school directors, and, in addition thereto and inclusive thereof, 
they shall have the power and it shall be their duty — 

First — To establish and support free schools not less than six 
nor more than ten months in each year. 

Second— To repair and improve school houses, and furnish 
them with the necessary fixtures, furniture, apparatus, libraries 
and fuel. 

Thud—To examine teachers as supplemental to any other ex- 
amination, to employ teachers and to fix the amount of their 
salaries. (As amended by act approved June 19, 1893. 

Fourth — To establish schools of different grades, and make 
regulations for the admission of pupils into the same. 

Fhth — To buy or lease sites for school houses, with the neces- 
sary grounds: Provided, it shall not be lawful for such board 
of education to purchase or locate a school house site, or to 
purchase, build or move a school house, unless authorized by a 
majority of all voters voting at an election called for such pur- 
pose in pursuance of a petition signed by not less than five hun- 
dred (CO^O) legal voters of such district, or by one-fifth of all 
the legal voters of such district. 

Sixth — To levy a tax, annually, upon the taxable property of 
the district, in the manner provided in article VIII of this act, 
for the purpose, of supporting and maintaining free schools in 
accordance with the powers herein conferred: Provided, that it 
shaU not be lawful for such board of education to levy a tax to 
extend schools beyond a period of ten months in each year, ex- 
cept upon petition of a majority of the voters of the district: 
And, provided, farther, that all taxes shall be levied under the 
limitations relating to the percentage of. the assessment, as pro- 
vided by section 1, article VIII of this act. 

Seventh— To employ, should they deem it expedient, a com- 
petent and .discrete person or persons as superintendent or 
superintendents of schools, and fix and pay a proper salary or 
salaries therefor; and such superintendent may be required to 
act as principal or teacher in such schools. 

Eighth— To lay off and divide the district into sub-districts, 
and from time to time alter the same, create new ones and 
consolidate them. 

Alnth~To visit all the public schools as often as once a month 
to inquire into the progress of scholars and the government of 
the schools. 

Tenth— To prescribe the method and course of discipline and 
instruction in the respective schools, and to see that they are 
maintained and pursued in the proper manner.* 
, Eleventh — To expel any pupil who may be guilty of gross dis- 
obedience or misconduct. No action shall lie against them for 
such expulsion, 

*See act concerning alcohol and narcotis, approved June 1, 1889. 



51 

Twelith — To dismiss and remove any teacher, whenever, in their 
opinion, he or she is not qualified to teach, or whenever, from 
^ny cause, the interests of the schools may, in their opinion, 
require such removal or dismissal. 

Thirteenth — To apportion the scholars to the several schools. 

Fourteenth — To establish and promul2:ate all such by-laws, 
rules and reg'ulations for the government and the establishment 
and maintenance of a proper and uniform system of discipline 
in the several schools, as may, in their opinion, be necessary. 

Fifteenth — To take charge of the school houses, furniture, 
grounds and other property belonging .to the district, and see 
that the same are kept in good condition, and not suffered to 
be unnecessarily injured or deteriorated. 

c^ixteenth — To provide fuel and such other necessaries for the 
schools as, in their opinion, may be required in the school 
houses, or other property belonging to or under the control of 
the district. 

Seventeenth — To appoint a secretary and provide well bound 
books at the expense of the school tax fund, in which shall be 
kept; a faithful record of all their proceedings. 

Eighteenth — To annually prepare and publish in some news- 
paper, or in pamphlet form, a report of the number of pupils 
instructed in the year preceding, the several branches of study 
pursued by them, of the number of persons between the ages of 
twelve and twenty-one unable to read and write, and the re- 
•ceipts and expenditures of each school, specifying the source of 
such receipts and the' objects of such expenditures. 

§ 11. In all questions involving the expenditure of money, 
the yeas and nays shall be taken and entered on the records of 
the proceedings of the board. 

§ 12. None of the powers herein conferred upon boards of 
education shall be exercised by them, except at a regular or 
special meeting of the board. 

§ 13. All conveyances of real estate shall be made to the 
township trustees in trust for the use of schools, and no con- 
veyance of any real estate or interest therein used for school 
purposes, or held in trust for schools, shall be made, except by 
the board of trustees, upon the written request of such board 
■ of education. 

§ 14. All money raised by taxation for school 
received from the state common school fund, or froi 
source, for school purposes, shall be held by the tow: 
urer as a special fund for school purposes, subject 
of the board of education, upon warrants signed by the presi- 
dent and secretary thereof. J 

§ 15. Any city, incorporated town, township or district in 
which free schools are now managed under any special act, may, 
by vote of its electors, cease to control such,S9ixpols under siich 




52 

special act, and become part of the school township in which 
it is situated, and siibject to the control of the trustees thereof, 
under and according to the provisions of this act. 

Upon petition of fifty voters of such city, town, township or 
district, presented to the board having control and raanagce- 
ment of schools in such city, town, township or district, it shall 
be the duty of such board, at the next ensuing election to be 
held in such city, town or township or district, to cause to be- 
.submitted to the voters thereof, giving not less than fifteen 
days' notice thereof, by posting not less than five notices in the 
most public places in such city, town, township or district, the 
question of "Organization under the Free School Law;" which 
notice may be in the following form, to-wit: 

Public notice is hereby given that on the day of A. D. 

an election will be held at .' — , between the hours of 

M. and M. of said day, for the purpose of deciding the 

question of "Organization under the Free School Law." 

§ 16. If it shall appear, on a canvass of the returns of such 
election, that a majority of the votes cast at such election are 
"For Organization under the Free School Law," then at the next 
ensuing regular meeting of the board of trustees of the town- 
ship or townships in which such city, incorporated town, town- 
ship or district is situated, said trustees shall proceed to re- 
district the township or townships as aforesaid, in such manner 
as shall suit the wishes and convenience of a majority of the 
inhabitants in their respective townships, and to make a divi- 
sion of funds and other property in the manner provided for 
by section (53 of article III of this act, and on any Saturday 
thereafter there shall be elected, in each of the new districts so 
formed, a director, directors or board of education, as the case 
may be, in the manner provided for in section 6 of article V of 
this act, and thereafter such districts shall proceed as other 
districts under this act; but all subsequent elections of direct- 
ors or boards of education shall be conducted as provided in 
sections 5 and 8 of article V of this act. * 

§ 17. In cities having a population exceeding one hundred' 
thousand inhabitants, from and after this act shall take effect, 
the board of education shall consist of twenty-one members,^ 
to be appointed by the mayor, by and with the advice and 
consent of the common council, seven of whom shall be ap- 
pointed for the term of one year, seven for the term of two 
years, and seven for the term of three years: Provided, how- 
ever, that in such cities wherein there is now a board of educa- 
tion, holding their office by appointment, such officers shall con- 
tinue in office until the time at which their terms would have 
expired under the law in force at the time of their appointment. 
At the expiration of the term of any members of said boards 
their successors shall be appointed in like manner and shall hold' 
their office for the term of three years. Any vacancy which 
may occur shall be filled by the appointment of the mayor,. 

* See further provision in act approved June 2, 1891. 



53 

with the approval of the common council, for the unexpired 
term: And, provirled, further, that from and after this act shall 
take effect there ishall be appointed by the mayor, by and with 
the advice and consent of the common council, six members, 
two of whom shall be appointed for the term of one year, two 
for the term of two yeirs, and two for the term of three years. 
{As amended by act approved June 22, 1891.] 

§ IS. Any person having; resided in any such city more than 
five years next preceding his appointment shall be eligible to 
membership of such board of education. 

§ 19. The said board of education shall appoint a president 
and secretary, the president to be appointed from their own 
number, and shall appoint such other officers and employes as 
such board shall deem necessary, and shall prescribe their duties 
a^nd compensation and terms of office. 

§ 20. The said board shall provide well bound books, at the 
expense of the school tax fund, in which shall be kept a faithful 
record of all their proceedings. The yeas and nays shall be 
taken and entered on the records of the proceedings of the 
board upon all questions involving the expenditure of money. 

§ 21. The said board of education shall have charge and con- 
trol of the public schools in such cities, and shall have power, 
with .it he concurrence of the city council— 

First— To erect or purchase buildings suitable for school 
houses, and keep the same in repair. 

Second— To buy or lease sites for school houses, with the nec- 
•essary grounds. 

Third— To issue bonds for the purpose of building, furnishing 
and repairing school houses, for purchasing sites for the same, 
and to provide for the payment of said bonds; to borrow 
monej^ for school purposes upon the credit of the city. 

§ 22. The said board of education shall have powei — 

I'irst — To furnish schools with the necessary fixtures, furniture 
.and apparatus. 

Second— ^To maintain, support and establish schools, and sup- 
ply the inadequacy of the school funds for the salaries of school 
teachers from school taxfs. 

Third — To hire buildings or rooms for the use of the board. 

T^ourth — To hire buildings or rooms for the use of schools. 

Fifth — To employ teachers and fix the amount of their com- 
pensation 

Sixth-^To prescribe the school books to be used, and the 
studies in the different schools.* 

Seventh—To lay off and divide the city into school districts, 
and from time to time to alter the same and create new ones, 
as circumstances may require, and generally to have and pos- 

*See act con^eroiuR alcohol and narcotics, approved Juno 1, 1S89. 



54 

sess all the rights, powers and authority required for the proper 
management of schools, with power to enact such ordinances 
as ma}^ be deemed necessary and expedient for such purpose. 

Eighth— To expel any pupil who may be guilty of gross dis- 
obedience or misconduct. 

Ninth — To dismiss and remove any teacher whenever, in their 
opinion, he or she is not qualified to teach, or whenever, from 
any cause, the interests of the school may, in their opinion, re- 
quire such removal or dismission. 

Tenth — To apportion the scholars to the several schools. 

Eleventh — To lease school property, and to loan moneys be- 
longing to the school fund. 

§ 23. It shall be the duty of such board of education — 

F^irst — To take the entire superintendence and control of the 
schools in such cities. 

Second — To examine all persons offering themselves as candi- 
dates for teachers, and when found well qualified, to give them 
certificates gratuitously. 

7hird— To visit all the public schools as often as once .a month. 

I ovrth— To establish all such by-laws, rules and regulations 
for the government and for the establishment and maintenance 
of a proper and uniform system of discipline in the several 
schools as may, in their opinion, be necessary. 

tifth — To determine from time to time, how many and what 
class of teachers may be employed in" each of the public schools, 
and employ such teachers and fix their compensation. 

Sixth— To take charge of the school houses, furniture, grounds 
and other property belonging to the school districts, and see 
that the same are kept in good condition, and not suffered to 
be unnecessarily injured or deteriorated. 

Seventh — To provide fuel and such other necessaries for the 
schools as, in their opinion, may be required in the school 
houses, or other property belonging to the said districts. 

Eighth — To inquire into the progress of scholars and the gov- 
ernment of the schools. 

Ninth—To prescribe the method and course of discipline and 
instruction in the respective schools, and to see that they are 
maintained and pursued in the proper manner. 

lenth — To prescribe what studies shall be taught, and whatr 
books and apparatus shall be used. 

Eleventh— To report to the city council, from time to time,, 
any suggestions they may deem expedient or requiste in rela-^ 
tion to the schools and the school fund, or the management 
thereof, and generally to recommend the establishment of new- 
schools and districts. 



Twelfth— To prepare and publish an annual report, which 
shall include the receipts and expenditures of each school, speci- 
fjina: the source of such receipts and the object of such expendi- 
tures. 

Thirteenth— To communicate to the city council, from time to 
time, such information within their possession as may be re- 
quired. 

§ 24. None of the powers herein conferred upon the board of 
education of such cities shall be exercised by them except at a 
regular meeting of such board. 

§ 25. All conveyances of real estate shall be made to the city 
in trust, for the use of schools, and no sale of real estate or in- 
terest therein, used for school pui'poses, or held in trust for 
schools, shall be made except by the city council, upon the writ- 
ten request of such board of education. 

§ 26. All moneys raised by taxation for school purposes, or 
received from the state common school fund, or from any other 
source for school purposes, shall be held by the city trpasurer av** 
a special fund for school purposes, subject to the order of the 
board of education, upon w^arrants to be countersigned by the 
mayor and city clerk. 

§ 27. Said board of eriucation shall not add to the expendi- 
tures for school purposes anything over and above the amount 
that shall be received from the state common school fund, the 
rental of school lands or property, and the amount annually 
appropriated for such purposes. If said board shall so add to 
such expenditure the city shall not, in any case, be liable 
therefor. And nothing herein contained shall be construed so 
as to authorize any such board of education to levy or collect 
any tax upon the demand, or under the direction of such board 
of education. 

§ 28. All schools in such cities shall be governed as herein- 
before stated, and no power given to the board of education 
shall be exercised by the city council of such city. 

AKTICLE VII. 



TEACHEBS. 



Age and qualifications; graduates of 
county normal schoois. 

State certificates. 

Fi St and second grade certificates; 
subjects .for examination; renewal 
and 1 evocation; foi m of eerfiflcate. 

Record by county superintendent. 

Mu^;t have a ceriiflcate. 

Subjects to be taught. 

Examinations by county superinten- 
dent. 

Fee to be charged. 

Moneys thus received paid to county 
treasurer. 



§ 10. Annual institute. 

§11. No (ledut.'tion of wages when attend- 
ing instintes held on schooldays. 

§ 12. Responsible for the property of the 
district. 

§ 13. Must keep registers; form of register, 

§ 14. Schedules, or statements of attend- 
ance to be made; form of schedule. 

§ 15. Schedule to be delivered to directors; 
certiflv-'ate of directors. 

§ 10. Teachers' wages payable monthly: un- 
paid orders to draw interest. 

§17. School month; holidays. 



Section 1. No teacher shall be authorized to teach a common 
school under the provisions of this act who is not of good moral 



56 

character at least eighteen years of age, if a male, or seventeen 
jears of age, if a female, and who does not possess a certificate 
of qualifications as hereinafter provided for: Piovided, that in 
any county in which a county normal school is established, un- 
der the control of a county board of education, the diplomas 
of graduates in said normal school shall, when directed Id^' said 
board, be taken by the county superintendent as sufficient evi- 
dence of qualification to entitle the holder to a first grade cer- 
tificate, but su!*h diplomas shall not be snfficient after two years 
from such graduation. 

§ 2. The State Superintendent of Public Instruction is hereby 
authorized to grant state certificates to such teachers as may 
be found worthy to receive them ; such certificates shall be of two 
grades, and both shall be valid in every county and school dis- 
trict in the State. The higher grade shall be valid during the 
lifetime of the holder, and the lower grade shall be valid for 
five years. But state certificates shall only be granted upon 
public examination, of which due notice shall be given, in such 
branches and upon such terms and by such examiners as the 
State Superintendent and the principals of the state universities 
may prescribe. Said certificates may be revoked by the State 
Superiuiendent upon proof of immoral or unprofessional con- 
duct.* (As amended by act approved April 28, 1893.) 

§ 3. It shall be the duty of the county superintendent to 
grant certificates to such persons as may, upon due examina- 
tion, be found qualified. Said certificates shall be of two grades; 
those of the first grade shall be valid in the county for two 
years, and shall certify that the person to whom such certifi- 
cate is given is of good moral character, and is qualified to 
teach orthography, reading in English, penmanship, arithmetic, 
English grammar, modern geograDhv, the elements of the 
natural sciences, the historj^ of the United States, physiology 
and the laws of health. Certificates of the second grade shall 
be valid for one year, and shall certify that the person to whom 
such certificate is given is of good moral character, and is quali- 
fied to teach orthography, reading in English, penmanship, 
arithmetic, English grammar, modern geography and the his- 
tory of the United States.* The county superintendent may, in 
his option, renew said certificates at their expiration, by his en- 
dorsement thereon, and may revoke the same at any time for 
immorality, incompetency, or other just cause. Said certificates 
may be iu the following form, viz.: 

, Illinois, A. D 

The undersignec], having examined in orthography, rearling in 

English, penmanship, arithmetic, English grammar, modern geography, 
the history of the United States and methods of teaching, and being 
satisfied that is of good moral character, hereby certifies that 

* See act concerning alcohol and narcotics, approved June 1, 1889. 



57 

•qualiflcatiODs in the above branches are such as to entitle — to this 

certificate, being of the grade, and valid in said county for year 

from the date hereof, renewable at the option of the county feuperin- • 
tendent, by his endorsement tbereon. 

Given under my hand and seal at the date aforesaid. 

A. B., 

County Superintendent of Scliools, 

§ 4. Each county superintendent shall also keep a record, in 
a book provided for that purpose, of all teachers to whom he 
grants certificaies. Said record shall show the date and grade 
of each certificate and all renewal-i granted, and the name, age 
and nativity of each teacher; and shall give the names of male 
and female teachers separately. 8aid record may be as follows, 
viz.: 

Name. Age. Nativity. Date. Grade. Experience. Graduated. 

Chas. 25 Illinois. March 1, 1888. 1. Has taught State Noruial 

Thompson. 5 years. University. 

§ 5. No teacher shall be entitled to any portion of the com- 
mon school or township fund, or other public fund, or be em- 
ployed to teach any school under the provisions of this act 
who shall not, at tiie time he enters upon his duties as such 
teacher, have a certificate of qualification obtained under the 
provisions of this act from the supei-intendent of the State, or 
the county superintendent of the county in which the school is 
located, entitling him to teach. [As amended bv act approved 
June 19, 1898.] 

§ 6. Every school established under the provisions of this^ 
act shall be for instruction in the branches of education pre- 
■scribed in the qualifications for teachers, and in such other 
branches, including vocal music and drawing, as the directors, 
or the voters of the district at the annual election of directors, } 
may prescribe. ^ 

§ 7. It shall be the duty of the county superintendents to 
hold meetings, at least quarterly, and oftenei' if necessary, for 
the examination of teachers, on such days and in such places 
in the respective counties, as will, in their opinion, accommo- 
date the greatest number of persons desiring such examination. 
Notice of such meetings shall be published a sufficient length of 
time, in at least one newspaper of general circulation, the ex- 
pense of such publication to be paid out of the school fund. 

§ 8. The county superintendent shall in all cases require the 
payment of a fee of one dollar from every applicant for ex- 
amination for a teacher's certificate, and for each renewal of 
euch a certificate he shall require the payment of a fee of one 
dollar. 

§ 9. All moneys so received from applicants for teachers' 
certificates, and from the re2:istration fees hereinafter provided 
for, the said county superintendent shall transmit monthly to 
the county treasurer, to be by him held and designated as the 



58 

institute fund, and with such fund the county superintendent 
shall give the treasurer a list of the names of the persons pay- 
ing such fees. Said fund shall be paid out by the county treas- 
urer only upon the order of the county superintendent and only 
to defray the expenses of the teachers' institutes, which the 
county superintendent is, by the following sections, authorized 
to hold. The county supenintendent shall take vouchers for all 
payments made out of the institute fund, and he shall render 
an account of such disbursements, with vouchers for the same, 
to the county board at their regular meeting in September an- 
nually. 

§ 10. The county superintendent shall hold, annually, a 
teachers' institute, continuing in session not less than five days, 
for the instruction of teachers and those who may desire to 
teach, and, with the concurrence of the State Superintendent of 
Public Instruction, procure such assistance as may be necessary 
to conduct said institute at such time as the schools of the 
county are generally closed; Provided y that two or more ad- 
joining counties may hold an institute together. At every such 
institute instruction shall be free to such as hold certificates 
good in the county (or counties where two or more join to hold 
an institute) in which the institute is held ; but the county sup- 
erintendent shall require all others attending to pay him a reg- 
istration fee of one dollar, except those who have paid him an 
examination fee as required by section 8 of this article, and 
failed to receive a certificate. 

§ ii. The time, not exceeding three days in any one terra, 
or five days in any one school year, during term time, actually 
spent by a teacher of any public school in this State in attend- 
ance upon a teachers' institute, held under the direction of the 
county superintendent of schools, shall be considered time law- 
fully expended by such teacher in the service of the district 
where such teacher is employed, and no deduction of wages shall 
be made for such absences. And it shall be the duty of the 
school officers and boards of education to allow teachers to 
close their schools for such attendance upon such institute. 

§ 12. It shall be the duty of every teacher employed in the 
public schools of the State to see that the school property of 
the district, placed under his care and control, is not unneces- 
sarily damaged or destroyed. And no teacher shall be paid any 
part of the school funds, unless he shall have kept and furnished 
schedules (when required by law) as hereinafter directed, and 
shall also have satisfactorily accounted for all books, appar- 
atus and other property belonging to the distrl't, which he may 
have taken in charge. 

§ lo. Teachers shall keep correct daily registers of their 
schools, which shall exhibit the name, age, and attendance of 



59 



each pupil, the day of the week, the month and the .year. Said 
rejjjisters shall be, as nearly as may bp, in the folly wino- form, 
the absence of each scholar beino^ signified by a mark, the pres- 
ence by a blank, viz.: 

Kegister of a common school kept by A. B., at in district 

No , in township No , range of the principal 

meridian, in the county of , in the State of Illinois. 



Names afd Ages of Scholars 
ATrKNDiNG School. 


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Isaac Mei~ler 

Sarah Danforth 


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Mary Newman 


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64 


^ Grand total No. of days 




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Females 


Total. 


Number of Scholars 


2 


9. 


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Average daily attendance 3.2. 

Said register shall ba furnished to the teachers by the school 
directors, and each teachei- shall, at the end of his term of school, 
return his register to the clerk of the school board of the dis- 
trict. And no teacher shall be paid any part of the public funds 
unless he shall have accurately kept and returned the register 
as aforesaid, 

§ 14. In all districts controlled by a board of directors, 
teachers shall make schedules of the names of all scholars under 
twenty-one (21) years of age attending school, in the form pre- 
scribed by this act; and when scholars reside m two (2) or more 
districts, townships or counties, separate schedules shall be kept 
for each district, township or county. Boards of education ma^^ 
require teachers under their control to make schedules as herein 
directed, or to make statements certifying the number of days' 
attendance for each month, as shov\m by their registers, which 
statements shall be certified to by the board of education, and 
be subject to the s^me requirements concerning payment of 
tea,cher's salary and filing as those made by this act concerning 
schedules. The schedules to be made and returned by the teacher 
shall be, as near as circumstances will permit, in the following: 
form, viz,: 



60 



Schedule of a common school kept by , at , in 

•district ISTo , township No , range No , of the 

principal meridian, in the county of , in the State 

of Illinois. Names and ages of scholars residing in district No , 

in township No north, range west, county, 

who have attended in my school during the time beginning the 

day of , 18 and ending the day of , 18 , 

during which time the school was in session school days. 



Names. 




Davs 
attended. 



Joha Smith 

Ismi'' M'isler... 
Siiah D.mforth. 
Mary Newman.. 



Grand total number of days' attendance. 



64 







Males. 


Females. 


Total. 




2 


2 


4 








3.2 











And 8aid teacher shall add up the whole number of days' at- 
tendance of each scholar, and make out the (^rand total num- 
ber of days attendance. He shall also note the whole number 
of scholars, giving the males and females separately; the Mver- 
age daily attendance; and shall set the age of each pupil oppo- 
site the name of such pupil, as in form above prescribed, and 
shall attach thereto his certificate, which shall be in the follow- 
ing form, viz.: 

I certify that the foregoing schedule of scholars attending my school as 
therein named, and residing as specified in said schedule, to the best of 
my knowledge and belief, is correct. 

A B , Teacher. 

§ 15. When the teacher shall have completed his or her 
schedule or schedules as provided in the foregoing section, he 
or she shall deliver it to some one of the directors, who shall, 
if requested, give the teacher a receipt for the same. And it 
shall be the duty of the said director, in connection with at 
least one other director of the board, to carefully examine such 
schedule or schedules, and after correcting all errors, if any, if 
they shall find such schedule to have been kept according to 
law,- they shall certify to the same as near as practicable, in 
the following form, viz.: 

State of Illinois, \ „_ 
County. P''- 

We, the undersigned directors of district No , township No. 

, range No , in the county aforesaid, certify that we have 

■ca efully examined the forejoing schedule and find the same to be correct, 
and that the school was conducted according to law; that the teacher is 

paid as per contract dollars per ; that the sum of 

dollars is now due for services for the month ending, , 5 



61 

that said teacher has a legal certiflcate of grade, and that th© 

property of said district in charge of such teacher has been satisfactorily 
accounted for. 

Witness our hands this day of . , , A. D. . . . . . 



Directors^ 

§ 16. Teachers' wages are hereby declared due and payable 
monthly, and upon certifyina; to the schedule or statement, as 
hereinbefore provided for, the directors, or board of education, 
may at once make out and deliver to the teacher an order upon 
the township treasurer for the amount named in the schedule 
or statement ; which order shall state the rate at which the 
teacher is paid according to his contract, the limits of the time 
for which the order pa3"S, and that the directors have duly cer- 
tified a schedule covering the time specified in such order: Pro- 
vided, that in case said order shall be presented to the town- 
ship treasurer and not paid for want of funds, said treasurer 
shall certify on the back of such order the date of presentatioft 
as required by section IS of article IV of this act, and there- 
after such order shall bear interest at the rate of eight per cent, 
per annum until paid, or until the said treasurer shall notify 
the clerk of the board of directors issuing such order that he 
has funds with which to pay the same. 

§ 17. The school month shall be the same as the calendar 
month; bufc teachers shall not be required to teach upon Satur- 
days, Sundays, legal holidays, these being New Year's, Fourth 
of July, Christmas and thanksgiving and fast days appointed 
by the national or state authority; nor shall they be required 
to make up the time lost by closing school upon such days or 
upon such special holidays as may be granted the schools by 
the board of directors. 



AETIOLE VIII. 

REVENUE-TAXATION. 



S 1 . Power to tax: limitations. 

S 2. Certiflcate of tax levy; time of return; 
form. 

S 3. Returnof certiflcate to county olerk; 
map filed . 

§ 4. Distiii't in two counties. 

5 6. Taxes f omputed by county clerk. 

g 6. Asxessorp t ' designate th« district. 

I 7. County oierk to copy numbers of dis- 
tricts; tax to be uniform. 



§ 8. Certiflcate of amount due each di^ 
tricf. 

§ 9. Collector to pay township treasurei?. 

§10. Districts 1 ins in two townships. 

§11. Penalty for failure to pay. 

§ 12. Blank books and notices. 

§ 13. Failure to file certiflcate does not viti- 
ate the assessment. 



Section 1. For the purpose of establishing and supporting 
free schools, for not less than five nor more than nine months 
in each year, and defraying all the expenses of the same of 
every description; for the purpose of repairing and improving 



62 

school houses, of procuring furniture, fuel, libraries and appa- 
ratus, and for all other necessary incidental expenses in each 
district, village or city, anything in any special charter to the 
contrary notwithstanding, che directors of such district, and the 
authorities of such village or city shall be authorized to levy a 
tax annually upon all the taxable property of the district, village 
or city, not to exceed two per cent, for educational, and three per 
•cent, for building purposes (except to pay indebtedness con- 
tracted previous to the passage of this act,) the valuation to 
be ascertained by the last assessment for state and county 
taxes. 

§ 2. The directors of each district shall ascertain, as near as 
practicable, annually, how much money must be raised by spe- 
cial tax for school purposes during the ensuing year, which 
amount shall be certified and returned to the township treas- 
urer on or before the first Tuesday in August, annually. The 
certificate of the directors may be in the following form, viz.: 

We hereby certify that we require the sum of dollars, to be 

levied as a special tax for school purp jses, and dollars for build- 
ing purposes, on the taxable property of our district, for the year A. 

D 

Griven under our hand this day of A. D 

A. B., 1 Directors district No , township 

C. D., [ No , range No , county 

I 
E. F., J of , State of Illinois. 

§ 3. It shall be the duty of the township treasurer to return 
the certificate mentioned in the foregoing section to the county 
clerk, on or before the second Monday of August, and whenever 
the boundaries of the districts of the township shall have been 
changed, the township treasurer shall return to the county 
clerk, with the certificates, a map of the township, showing 
such changes, and certified as required by the provisions of 
this act. 

§ 4. When a district lies partly in two or more counties, 
the directors thereof shall ascertain as nearly as practicable the 
amount to be raised by special tax for school purposes, and 
shall prepare one certificate thereof for each county in which 
such district may lie, and deliver all of the said certificates to 
the township treasurer, who receives the tax money of such dis- 
trict, who shall return one each of such certificates to the county 
clerk of each county within which such district shall lie. On the 
first Monday of October, or as soon thereafter as may be prac- 
ticable, annually, the county clerk of each of such counties shall 
ascertain the total equalized valuation of all the taxable prop- 
erty in that part of such district as shall lie in his county, and 
certify the amount thereof to the county clerk of each of the 
other counties in which such district may lie; and from the ag- 
gregate of such equalized valuation and from the certificate of 
the amount so required to be levied, such clerks shall ascertain 



63 

the rate per cent, required to produce in such district the amount 
of such levy, and at that rate shall extend the special tax to 
be levied for school purposes in that part of such district lying 
in their respective counties. [As amended by act approved 
June 17, 1891.] 

§ 5. Accordino- to the amount certified, as aforesaid, the 
county clerk, when making out the tax books for the collector, 
shall compute each taxable person's tax, in said district, upon 
the total amount of taxable property, as equalized by the 
State Board of Equalization for that year, lying and being in 
said district, whether belonging to residents or non-residents, 
and also each and every tract of land assessed by the assessor, 
which lies, or the largest part of which lies, in said district. 
The said county clerk shall cause each person's tax, so com- 
puted, to be set upon the tax book to be delivered to the col- 
lector for that year, in a separate column, against each tax- 
payer's name or parcel of taxable property, as it appears in 
^aid collector's books, to be collected in the same manner and 
at the same time and by the same persons as state and county 
taxes are collected. 

§ 6. It shall be the duty of assessors, when making assess- 
ments of personal property, to designate the number of the 
school district in which each person so assessed resides; which 
designation shall be made by writing the number of such dis- 
trict opposite each person's assessment of personal property, 
in a column provided for that purpose, in the assessment roll 
returned by the assessor to the county clerk. 

§ 7. It shall be the duty of the county clerk to copy said 
numbers of school districts, so returned by the assessor, into 
the collector's book and to extend the school tax on each per- 
son's assessment of personal property, according to the rate 
re.juired by the amount designated by the directors of the 
school district in which such person resides. The computations 
of each person's tax and the levy made by the clerk, as afore- 
said, shall be final and conclusive: Provided, the rate shall be 
uniform and shall not exceed that required by the amount cer- 
tified by the board of directors. 

§ 8. The county clerk before delivering the tax book to the 
■collector, shall make out and send by mail, to each township 
treasurer in the county, a certificate of the amount due each 
district or fraction of a distiict in his township, of said tax so 
levied and placed upon the tax books. 

§ 9. On or before the first day of April next, after the delivery 
of the tax books containing the computation and levy of the 
said taxes, or so soon thereafter as the township treasurer shall 
present the said certificate of the amount of the said tax, and 
make a demand therefor, the said collector shall pay to said 
township treasurer the full amount of said tax so certified by 
the county clerk, or in case any part thereof remains uncollected, 



64 

said collector shall, in addition to the amount collected, deliver 
to said township treasurer a statement of the uncollected taxes- 
for each district of such township, taking- of the township treas- 
urer his receipt therefor, which receipt shall be evidence as well 
in favor of the collector as against the township treasurer. Th& 
said treasurer shall enter the amount collected in his books 
under the proper heads, and pay the same out as provided for 
bj this act. 

§ 10. When a district is composed of parts of two or more 
townships the directors shall deleiniine and inform the collect- 
ors of said townships, and the collector or collectors of the 
county or counties in which said townships lie, in writing-, under 
their hands as directors, which of the treasurers of the town- 
ships, fi-om which their district is formed, shall demand and re- 
ceive the tax money collected Ipy the said collectors as aforesaid. 

§ 11. If any collector shall fail to pay the amount of said 
tax, or any part thereof, as required by the provisions of sec- 
tion nine (9) of this article, of this act, it shall be competent 
for the township treasurer, or other authorized person, to pro- 
ceed against said collector and his securities in any action of 
debt upon his official bond, in any court of competent jurisdic- 
tion. And the said collector so in default shall pay twelve per 
centum upon the amount due, to be asfsessed as damages, which 
shall be included in the judgment rendered against him: Fri- 
videcl, no collector shall be liab.e for such part of said tax as 
he shall be able to make appear he could not have collected by 
law, until he has collected or may be able to so collect such 
amount. 

§ 12. It is hereby made the duty of the proper officers ia 
preparing blank books and notices for the use of assessors to 
provide columns and blanks for the use of assessors, so th it 
they may designate the number of the school district, as pro- 
vided for in section six (0) of this art cle of this act. 

§ 13. A failure by the directors to file their certificates, or of 
the township treasurer to return the same to the county clerk 
in the time required by this act, shall not vitiate the assess- 
ment, bub the same shall be'as legal and valid as if completed 
in the time required by law. 

ARTICLE IX. 



BONDS. 



§ 1. Vote npcespary to borrow money; 

limit of Hura borrowed. 
§ 2. Keprtsrry of bonds. 
S 3. Money paid into school treasury of 

township; Cancellation of bonds. 
S 4. Election for borrowing money ; form of 

notice. 



§ 5. Judges. 

§ e. Poll book returned; pena'ty for failure 

to leiuin poll book. 
§ 7. Ki fundiuff school district bonds. 



Section 1. Forthepurposeofbuildingschoolhousesorpurchas- 
ing school sites, or for repairing and improving the same, the di- 



65 

rectors of aii}^ scliool district, when authorized by a majority of 
all the votes cast at an election called for that purpose, may 
borrow money, issuing bonds signed by not less than two mem- 
bers of said board of directors, in sums of not less than one 
hundred dollars ($100), and bearing interest at a rate not ex- 
ceeding eight per centum per annum:** Provided, that the sum 
borrowed in any one year shall not exceed five per cent, (in- 
cluding existing indebtedness) of the taxable property of the 
district; to be ascertained by the last assessment for state and 
county taxes previous to the incurring of such indebtedness. 

§ 2. All bonds authorized to be issued by virtue of the fore- 
going section before being so issued, negotiated and sold, shall 
be registered, numbered and countersigned by the school treas- 
urer of the towhship wherein the school house of such district 
is, or is to be located. Such register shall be made in a "bond 
register" book to be kept for that purpose; and in this register 
shall first be entered the record of the election, authorizing the 
directors to borrow money, and then a description of the bonds 
issued by virtue of such authority as to number, date, to whom 
issued, amount, rate of interest and when due. 

§ 3. All moneys borrowed under the authority granted by 
this article of this act, shall be paid into the school treasury of 
the towhship wherein the bonds issued therefor are required to 
be registered; and upon receiving such moneys, the treasurer 
shall deliver the -bond or bonds issued therefor to the parties 
entitled to receive the same; and shall credit the funds received 
to the district issuing the bonds. The treasurer of said town- 
ship shall enter in the said "bond register" the exact amount 
received for each and every bond issued. And when any such 
bonds are paid, the said township treasurer shall cancel the 
same and shall enter in the said "bond register," against the 

record of such bonds, the words "paid and canceled the 

day of , A. D ," filling the blanks with the day, 

month and year corresponding with the date of such payment. 

§ 4." Whenever it is desired to hold an election for the pur- 
pose of borrowing money, as provided for in this article of this 
act, the directors of the district in which such election is to be 
held, shall give at least ten days' notice of the holding of such 
election, by posting notices in at least three of the rriost public 
places in such district. Such notices shall specify the place 
where such election is to be held, the time of opening and clos- 
ing the polls, and the question or proposition to be voted upon, 
which notice may be substantially in the following form, viz.: 

NOTICE OF ELECTION. 

Public notice Is hereby given that on the day of 

A. D , an election will be held at ; . . . school district 

'Eo , in township jN^o , range ISTo , of the principal meridian 

* 7 per cent, is the highest rate allowed by law on loans made on or after July 1, 1891. 

-5 S 



66 

in county, Illinois, for the purpose of voting "For" or 

"Against" the proposition to issue the honds of said school district No. . . , 

to the amount of dollars due (here insert the times 

of payment, giving the amount falling due each year, if the bonds mature 

at different dates), which bonds are to bear interest at the rate of 

per cent, per annum, payable annually. 

The polls of said election will be opened at o'clock — M., and will 

remain open until o'clock M. 

Dated this day of A. D 

A. B., 
0. D., 
E. ¥., 

Directors. 

§ 5. At sucli election two of the directors of such district 
shall act as judges and one of said directors shall act as clerk. 
In case either or an^'' of said directors shall fail, from any 
cause, to be present or to act at such election, at the time of 
opening the polls thereof, the legal voters assembled shall 
choose, from their number, persons to act as such two judges, 
and a clerk of said election. The said judges and the said clerk 
shall take and subscribe the oath required of judges and clerks 
of an election held for state or county officers, and such oath 
may be administered in the same manner as is or may be pro- 
vided by law for administering the oath to judges and clerks at 
a state or county election. At such election all votes shall be 
by ballot. In districts which have adopted the provisions of 
"An act regulating the holding of elections, and declaring the 
result thereof in cities, villages and incorporated towns in this 
State," approved June 19, 1885, the said election shall be heldl 
under the provisions of said act. 

§ 6. Within ten days after every such election the judges shall 
cause the poll-book to be returned to the township treasurer, 
who is required to register such bonds, with a certificate thereon 
showing the result of such election, which poll-book shall be 
filed and safely kept by the said township treasurer, and shall 
be evidence of such election. For a failure to return such poll- 
book to such treasurer within the time prescribed, the judges of 
said election shall severally be liable to a penalty of not less 
than twenty-five dollars ($25) nor more than one hundred dol- 
lars (f 100), to be recovered in a suit in the name of the People 
of the State of Illinois, before any justice of the peace, and, 
when collected, shall be added to the township school fund of 
the township in which said treasurer resides. 

§ 7. In all cases where any school district has heretofore 
issued or may hereafter issue bonds, or other evidences of in- 
debtedness, for money on account of any public school building, 
or other public improvement, or for any other purposes which 
are now binding and subsisting legal obligations against said 
school district, and remaining outstanding, and which are properly 
authorized by law, the proper authorities of such school district 
may, upon the surrender of any such bonds or other evidences 
of indebtedness, or any number thereof, issue in place or in lieo 



thereof, or to take up the same, to the holders or owners of 
the same, or to other persons for money with which to take up 
the same, new bonds or other evidences of indebtedness, in such 
form, for such amount, upon such time, not exceeding the term 
of twenty (20) years, and drawing such rate of interest not ex- 
ceeding eight (8) per centum per annum,* as may be determined 
upon; and such new bonds or other evidences of indebtedness 
so issued shall show, on their face, that they are issued under 
this act: Provided, that the issue of such new bonds in lieu of 
such indebtedness shall first be authorized by a vote of the legal 
votes of such school district voting at an election called and 
conducted as other elections provided for by this article of this 
act: And provided further, that such bonds or other evidences 
of indebtedness shall not be issued so as to increase the aggre- 
gate indebtedness of such school district beyond five (5) per 
centum on the value of the taxable property therein, to be as- 
certained by the last assessment for state and county taxes, 
prior to the issuing of such bonds or other evidences of indebt- 
edness. 

AETICLE X. 



COTJNTY CLERK. 



SI. 

§2. 



§3. 



S4. 



To furnisfi to county superintendent a 
list of trustees elsoted. 

To file papers relating to changes in 
district boundaries ; penalty for fail- 
ure to do so. 

To furnish certificate of equalized value 
of taxable property in case of dis- 
trict in two counties. 

To furnish certificate of equalized value 
of taxable property to any district. 



§5. To compute tax; to copy numbers of 
districts ; to extend tax and to send 
certificate of amount due each dis- 
trict, etc. 

§ 6. To certify to bills of county superin- 
tendents, and transmit them to State 
Auditor. 

§ 7. To record land sales reported by 
county superintendent. 



Section 1. In all cases where, by any provision of laws, the 
returns of any election for school trustees are made to the 
county clerk of any county, it shall be the duty of the county 
clerk, within ten days after such returns have been made to 
him, as aforesaid, to furnish to the county superintendent of 
schools a list of all such trustees so returned to him, and the 
township from which the same have been so returned. 

§ 2. Whenever any change shall be made in the boundaries 
of any school district, and a written statement or record of 
such change shall be delivered to the county clerk of such county, 
it shall be the duty of said county clerk to file such statement 
or record, and all papers relating thereto, and duly record the 
same in the records of his oflSce; and in case of neglect or 
failure so to do, the said county clerk shall be liable to a pen- 
alty of twenty-five dollars (|25), to be recovered by an action of 
debt before any justice of the peace, at the suit of the county 
superintendent, for the benefit of the school fund of the said 
county. 



* 7 per cent, is the highest rate allowed by lawlon loans made on or after July 1, 18891 



68 

i 3. Whenever any sckool district lies partly in two or more 
'counties, it shall be the duty of the county clerk of each count^^ 
'in which any part of such district lies to furnish, upon request, 
to the directors of such district a certificate showing- the last 
ascertained equalized value of the taxable property in that part 
of such district lying in such county^ 

§ 4. It shall be the duty of the county clerk to furnish to 
the directors of any school district, or to the board of educa- 
tion in districts having*- a board of education, upon request, a 
•certificate showing the last ascertained equalized value of the 
taxable property of such district, as the same appears of record 
In his office. 

§ 5. It shall be the duty of the county clerk, when making- 
out the tax books for the collector, to compute each taxable 
person's tax in each school district, upon the total amount of 
taxable property, as equalized by the Btate Board of Equaliza- 
tion for that year, lying and being in such district, whether be- 
longing to residents or non-residents, and also each and everj 
tract of land assessed by the assessor which lies, or the largest 
part of which lies, in such district. Such computation shall be 
made so as to realize the amount of money required to be 
raised in such district, as shown and set forth in the certificate 
of tax levy, made out by the directors of such district, and 
filed with the township treasurer, as required by the provisions 
of this act. The said county clerk shall cause each person's tax, 
so computed, to be set upon the tax book, to be delivered to 
the collector for that year, in a separate column against each 
tax payer's name, or parcel of taxable property, as it appears 
in said collector's books, to be collected in the same manner, 
and at the same time, and by the same person, as State and 
county taxes are collected. In making up the tax books to be 
delivered to the collectors of taxes, the county clerk shall copy 
into such tax books the number of the school district set 
opposite to each person's assessment of personal property by 
the assessor making the assessment of such person, and to ex- 
tend the school tax on each person's assessment of personal 
property, according to the rate required by the amount des- 
ignated" by the directors of the school district in which such 
person resides, as shown by said certificate of tax levy. The 
computation of each person's tax and the levy made by the 
clerk, as aforesaid, shall be final and conclusive: Provided, that 
the rate shall be uniform, and shall not exceed that required 
by the amount certified by the board of directors. The said 
county clerk, before delivering the tax-book to the collector, 
shall make out and send by mail to each township treasurer of 
the county a certificate of the amount due each district, or 
fraction of a district, in his township, of said tax so levied and 
placed upon the tax books. 

§ 6. Whenever the county board of any county shall have 
audited the itemized bills of the county superintendents of 



69 

schools or tlieir assistants, as required by the provisions of 
this act, it shall be the duty of the county clerk of such county 
to certify to such act, and transmit the said bills to the Auditor 
of Public Accounts, Avho shall, upon the receipt of them, remit, 
in payment thereof to each superintendent, his warrant upon 
the State Treasurer for the amount certified to be due him; and 
the Auditor, in making his warrant to any county for the 
amount due from the state school fund, shall deduct from it 
the several amounts for which warrants have been issued to 
the county superintendent of said county since the next preced- 
ing apportionment of the state school fund. 

§ 7. The county clerk of each county shall preserve and 
record in a well-bound book to be kept for that purpose, the 
report of the county superintendent, made to the county board, 
at the first regular term of such board in each year, relating 
to the sale of school lands, the amount of money received, paid, 
loaned out and on hand, belonging to each township fund in 
his control, and the statement copied from the loan book of 
such county superintendent, showing all the facts in regard to 
loans, which are required to be stated on the loan book. 

ARTICLE XI. 

COUNTY BOAKD. 

§ 1. Powers of the county board defined. I § 3. Statement of land sales by the county 
§ 2. Duties of the county board defined. . | board. 

Section 1. The county board of each county of this State 
shall have power — 

First — To approve the bond of the county superintendent of 
schools. 

Second— To increase the penalty of the bond of the county 
superintendent of schools beyond twelve thousand dollars 
($12,000) if, in the discretion of said county board, such bond 
should be so increased. 

Third— To remove the county superintendent of schools from 
office for any palpable violation of law or omission of duty."'* 

Fourth— To require the county superintendent of schools, 
after notice given, to execute a new bond, conditioned and ap- 
proved as the first bond, whenever in the discretion of the 
county board such new bond is necessary; Provided, however, 
that the execution of such new bond shall not affect the old 
bond or the liability of the security thereof. 

Fifth— To require the county superintendent of schools to 
make the reports to such board provided for by law, and to re- 
move him from office in case of neglect or refusal so to do. 

Sixth— In counties having not more than one hundred (100) 
schools the board may limit the time of the superintendent of 
schools: Provided, that in the counties having not more than 

* This grant of power is not annulled by the repeal of section 7, article II. 



70 

fifty (50) schools the Mmit of time shall not be less than one 
hundred and fifty (150) days a year; in counties having: from 
fifty-one (51) to seventy-five (75) schools, not less than two 
hundred (200) days a jeskv; and in counties having from sev- 
enty-six (76) to one hundred (100) schools, not. less than two 
hundred and fifty (250) days. 

Seventh — Said county board shall authorize the county super- 
intendent of schools to employ such assistants as he needs for 
the full discharge of his duties, and said county board shall fix 
the compensation to be paid therefor, which compensation shall 
be paid out of the county treasury. 

§ 2. It shall be the dut}'' of the county board of each county 
of this State — 

First — To provide for the county superintendent of schools a 
suitable ofiice with necessary furniture and office supplies, as is 
done in the case of other county officers. 

Second— When the office of county superintendent of schools 
shall become vacant by death, resignation, removal or other- 
wise, to fill the same by appointment. And the person so ap- 
pointed shall hold his office until the next election of county 
oflBcers, at which election the said board shall order the election 
of a successor. 

Third— To ex3.mine and approve or reject the report of the 
county superintendent of schools, made to such board, and the 
notes and securities taken by such superintendent for school 
funds. 

Fourth — At the regular meeting in September, and as near 
quarterly thereafter, as such board may have regular or special 
meetings, to audit the itemized bills of the county superintend- 
ent, and of his assistants, for their per diem compensation and 
expenses allowed by law for visiting schools. 

§ 3. At the first regular term of' the county board, in each 
year, the county superintendent shall present to the county 
board of his county — 

First — A statement showing . the sales of school lands made 
subsequent to the first regular term of the previous year, which 
shall be a true copy of the sale book (book B). 

5'eco22cZ^Statements of the amount of money received, paid, 
loaned out and in hand, belonging to each township or fund 
under his control, the statement of each fund to be separate. 

JSird?— Statements copied from his loan book (book C), show- 
ing all the facts in regard to loans which are required to be 
stated on the loan book. 

All of which the county board shall thereupon examine and 
compare with the vouchers, and the said county board, or so 
many of them as may be present at the meeting of the board, 
shall be liable individually to the fund injured and to the securi- 



71 

ties of the couuty superintendent, in case judo'ment be recovered 
of the said securities, for all damages occasioned by a neglect 
of the duties or any of them, required of said board by this 
section: Provided, nothing herein contained shall be construed 
to exempt the securities of said county superintendent from any 
liability as such securities, but \A\qy shall still be liable to the 
iund injured the same as if the members of the county board 
were not liable to them for neglect of their duty. 



ARTICLE XII. 



SCHOOL FUNDS. 



§ 2. 
§ 3. 



S 4. 



To consist of a two-mill tax; interest 

of school fund proper, and of surplus 

revenue. 
State to pay interest. 
Dividend to counties made by State 

Auditor, 
Warrants issued by the State Auditor, 

and received from the collectors by 

State Treasurers. 



§ 7. 



§ 9. 
§ 10. 



f 1, To consist of a two-mill tax; interest § 5. County superintendent to proceed 

against collector on his refusal to pay. 
§ 6. Proceeds of the sale of sixteenth sec- 
tion.et'., constitute principal of town- 
ship fund.etc. ; interest distributed. 

Moneys paid out upon orders. 

Form of orders; filing of orders. 

Union districts; receipts to be taken. 

Loans in districts under a special 
charter. 

Section 1. — The common school fund of this State shall con- 
sist of the proceeds of a two mill tax to be levied upon each 
dollar's valuation of the property in the State, annually, until 
otherwise provided by law; the interest on what is known as 
the school fund proper, being three per cent, upon the proceeds 
of the sales of the public lands in the State, one-sixth part ex- 
cepted, and the interest on what is known as the surplus rev- 
enue, distributed by act of congress and made a part of the 
common school fund by act of the legislature, March 4, 1837. 

§ 2. The State shall paj^ the interest mentioned in the pre- 
ceding section at the rate of six per cent, per annum, annually, 
to be paid into, and become a part of said school fund. 

§ 3. On the first Monday in January in each and every year 
next after taking the census of the State, by federal or state 
authority, the Auditor of Public Accounts shall ascertain the 
number of children in each county in the State, under twenty- 
one years of age, and shall thereupon make a dividend to each 
county of the sum from the tax levied and collected under the 
provisions of the first section of this article of this act, and of 
the interest due on the school fund proper and surplus revenue, 
in proportion to the number of children in each county under 
the age aforesaid, and issue his w^arrant to the superintendent 
of schools of each county upon the collector thereof. Upon pre- 
sentation of said warrant by the county superintendent to the 
collector of his county, said collector or the treasurer shall pay 
over to the countj'' superintendent the amount of said warrant 
out of the first funds which may be collected by him and not 
otherwise appropriated by law, taking said superintendent's re- 
ceipt therefor. 



'?2 

§ 4, The said warrants issued by the Auditor of Public Ac- 
counts for the school fund tax and for the interest of the school 
fund proper and surplus revenue, shall be received by the State 
Treasurer in payment of amounts due the State from county 
collectors; and on presentation by the State Treasurer of said 
warrants to said Auditor, he shall issue his warrant to said 
Treasurer of the school fund, for the amount of the school fund 
tax warrants, and on the revenue fund for the amount of the 
warrants for interest on the school fund proper and surplus 
revenue. Dividends shall be made as aforesaid, according to the 
proportions ascertained to be due to each county annually, 
thereafter, until another census shall have been taken, and then 
dividends shall be made and continued as aforesaid, according 
to the last census. 

§ 5. If any collector shall fail or refuse to pay the amount of 
the aforesaid Auditor's warrant, or any part thereof, by the first 
day of March annually, or as soon thereafter as it may be pre- 
sented, it shall be competent for the county superintendent to 
proceed against said collector and his securities in an action of 
debt, in any court having competent jurisdiction, and the said 
collector shall pay interest at the rate of twelve per centum per 
annum, to be assessed as damages, upon the amount due, and 
which interest shall be included in the judgment obtained against 
him : Provided, that if it satisfactorily appears to the court 
that on said first day of March, or on the day of presentation 
for payment thereafter, that said collector had not, as yet, col- 
lected funds sufficient to pay said warrant, said interest shall 
not be allowed upon said warrant. 

§ 6. All bonds, not<^s, mortgages, moneys and effects which 
have heretofore- accrued or may hereafter accrue from the sale of 
the sixteenth section of the common school lands of any town- 
ship or county, or from the sale of any real estate or other 
property taken on any judgment or for any debt due to the 
principal of any township or county fund, and all other funds 
of every description which have been or may hereafter be carried 
to and made part of the principal of any township or county 
fund, by any law which has heretofore been, is now or may 
hereafter be enacted, are hereby declared to be and shall forever 
constitute the principal of the township or county fund, re- 
spectively; and no part thereof shall ever be distributed or ex- 
pended for any purpose whatever, but the same shall be loaned 
out and held to use, rent or profit, as provided by law. But 
the interest, rents, issues and profits, arising and accruing from 
the principal of said township or county fund, shall be dis- 
tributed in the manner and at the times as provided by this 
act; nor shall any part of such interests, rents, issues and profits 
be carried to the principal of the respective funds, except it ap- 
pear on the first Monday in October in any year, that there is 
rent, interest or other funds on hand which are not required for 
distribution, such amount not required, as aforesaid, may, if the 



73 

board of trustees see proper, forever be considered as principal 
in the funds to which it belono-s and loaned as such. 

§ 7. School funds collected from special taxes, levied by order 
of school directors, or from the sale of property belongino- to 
any district, shall be paid out only on the order of the proper 
board of directors; and all other moneys or school funds liable 
to distribution, paid into the township treasury, or coming into 
the hands of the township treasurer, shall, after said funds have 
been apportioned by the township trustees, as required in sec- 
tion 26 ,of article III of this act, be paid out only on the 
order of the proper board of directors, signed by the "president 
and clerk of said board, or by a majority of said board. For 
all paj^ments made, receipts shall be taken and filed by said 
board of directors. 

§ 8. In all such orders shall be stated the purpose for which 
or on what account drawn. Said orders may be in the follow- 
ing- form, viz. : 

The treasurer of township No , range jSTo , in county,. 

will pay to or order, dollars and cents (on his con- 
tract for repairing school house, or whatever the case may he.) 

By order of the board of directors of school district No , in said] 

township. 

A. B., President. 
C. D., Clerli. 

Which order, together with the receipt of the person to whom- 
paid, shall be filed in the office of the township treasurer: Pro- 
vided, that when an order is paid in full, such order, if properly 
endorsed bv the person in whose favor it was drawn, and his 
assigns, if any, shall be a sufficient receipt for the purposes of 
this section. 

§ 9. When a district is composed of parts of two or more- 
townships, the township treasurer or treasurers who do not re- 
ceive the tax money of said district, shall, when they hold any 
funds belonging to said district, notify the directors thereof of 
the amount of such funds; and the directors shall thereupon 
give the treasurer vvho receives the tax money of said district 
an order for such funds, and upon receipt thereof he shall hold 
them, to be paid out as aforesaid. 

§ 10. In all cases where school funds are held by any person 
or persons in an official capacity, by virtue of any special char- 
ter defining the manner of loaning- the same, such money may 
be loaned upon the same terms and conditions as are provided 
by this act, or may hereafter be provided, by the school law.s 
of this §tate, for loaning the school funds of counties or town- 
ships. 



74 



AETICLE XIII. 



SCHOOL LANDS. 



§ 9. 
€ 10. 
§ 11. 
§ 12. 
§ 13. 

§ 14. 



Section sixteen. 

Business relating to school land; 
where transacted. 

Renting and sale of school lands. 

Eight of way and depot grounds for 
use of railroads. 

Trespass on school land;penalty. 

Trespasser liable to indictment. 

Penalties and fines to be paid to town- 
ship treasurer. 

Petition for sale. 

Fractional township. 

Divided into lots by trustees. 

Making of a plat. 

Size of lots, roads and streets. 

Valuation ; plats and certificate given 
to county superintendent. 

Advertising the sale ; form of notice. 



§ 15. Place of sale. 

§ 16. Terms of sale ;amount of bid borrowed 

§ 17. Manner of sale. 

§ 18. Payment: land resold: suit instituted. 

§ 19. Unsold land afterward subject to sale. 

§ 20. Ee-valuation of unsold lands ; no peti- 
tion required. 

§ 21. Certificate of purchase. 

§ 22. Statement of sales by county superin- 
tendent. 

§ 23. Transcript sent to Auditor. 

§ 24. Patents; certificates of sale; evidence 
of sale. 

§ 25. Duplicates of certificates of purchase. 

§ 26. Real estate taken for debt, sold by 
county superintendent. 

§ 27. Trustees may dedicate land for 
streets. 



Section 1. Section number sixteen (16) in every township, 
granted to the State by the United States for the use of schools, 
and such sections and parts of section, as have been or may be 
granted, as aforesaid, in heu of all or part of section number 
sixteen (16), and also the lands which have been or may be se- 
lected* and granted as aforesaid, for the use of schools, to the 
inhabitants of fractional townships in which there is no section 
number sixteen (16), or where such section shall not contain 
the proper proportion for the use of schools in such fractional 
township, shall be held as common school lands ; and the pro- 
visions of this act referrino- to common school lands shall be 
deemed to apply to the lands aforesaid. 

§ 2. All the business of such townships so far as relates to 
common school lands shall be transacted in that county which 
contains all or a greater portion of said lands, 

§ 3. It shall be lawful for the trustees of schools in town- 
ships in which section number sixteen (16), or any other lands 
granted in lieu thereof, remain unsold or which has title to. any 
other school lands whatsoever, to rent or lease the same for an 
annual rent to be paid in money to the treasurer, by a written 
contract made by the president and clerk, under the direction 
of the board, with lessee or lessees, which contract shall be 
■filed with the records of the board, and a copy of the same 
transmitted to the county superintendent. In case of any de- 
fault in the payment of the rent, the said board of trustees 
shall at once proceed to collect the same by distress, or other- 
wise, as may be provided by law for the collection of rents by 
landlords. No lease taken under the provisions of this act, 
shall be for a longer period than five years, except where such 
lands are leased for the purpose of having permanent improve- 
ments made thereon, as may be the case in cities and villages: 
Provided, that the provisions of this section shall not apply 
to cities having a population of over one hundred thousand 
(100,000) inhabitants. 



(iO 



§ 4. The trustees of schools of any township concerned, are 
hereby authorized and empowered in their corporate capacity, 
to sell and convey to any railroad company which may con- 
struct a railroad across any of the public school lands of such 
township, the right of way and necessary depot grounds. All 
moneys received by such trustees for any right of way or depot 
grounds so sold, shall be turned over by such trustees to the 
township treasurer of the township for the benefit of the town- 
ship school fund. 

§ 5. If any person shall, without being duly authorized, cut, 
fell, box, bore, destroy or carry away any tree, sapling or log 
standing or being upon any school lands, such person shall for- 
feit and pay, for every tree, sapling or log so felled, boxedj 
bored, destroyed or carried away, the sum of eight dollars (|8), 
which penalty shall be recovered with costs of suit, by an action 
of debt or assumpsit, before and justice of the peace having jur- 
isdiction of the amount claimed, or in the county or circuit 
court, either in the corporate name of the board of' trustees of 
the towhship to which the land belongs, or by qui tain action 
in the name of any person who will first sue for the same, one- 
half of the judgment for the use of the person suing and the 
other half for the use of the township aforesaid. When two or 
more persons shall be concerned in the same trespass, they shall 
be jointly and severally liable for the penalty herein imposed. 

§ 6. Every trespasser upon common school lands, shall be 
liable to indictment, and upon conviction shall be fined in three 
times the amount of the injury occasioned by said trespass, and 
shall stand committed as in other cases of misdemeanor. 

§ 7. All penalties and fines collected under the provisions of 
the foregoing sections shall be paid to the township treasurer, 
and be added to the principal of the township fund. 

§ 8. When the inhabitants of any township or fractional 
township shall desire the sale of the common school lands of the 
township or fractional township, they shall present a petition to 
the county superintendent of the county in which the school 
lands of the township, or the greater part thereof, lie, for the 
sale thereof ; which petition shall be signed by at least two-thirds 
of the legal voters of the township, or fractional township. The 
signing of the petition must be done in the presence of two adult 
citizens of the township, after the true meaning and purpose 
thereof have been explained ; and, when signed, an affidavit must 
be aflfixed thereto by the two citizens witnessing the signing, in the 
manner aforesaid, which afiidavit shall state the number of in- 
habitants in the township, or fractional township, of and over 
twenty-one years of age; and said petition, so proved, shall be 
delivered to the county superintendent for his action thereon: 
Provided, no whole section shall be sold in any township con- 
taining less than two hundred inhabitants; andcommon school 
lands in fractional townships may be sold when the number of 
inhabitants and the number of acres are in the ratio of two 
hundred to six hundred and fortv, but not before. 



76 

§ 9. Any fractional township not having the requisite num- 
ber of inhabitants to petition for the sale of the school lands 
therein, as provided in section 8 of this article of this act, which 
has not heretofore been united with any other township, for 
school purposes, and which does not contain a sufficient num- 
ber of inhabitants to maintain a free school, is hereby attached 
to the adjacent cong'ressional township havino- the longest ter- 
ritorial line bordering on such fractional township, for school 
purposes ; and all the provisions of this act shall apply to such 
united townships, the same as though they were one and the 
same township. 

§ 10. When the petition and affidavits are delivered to the 
county superintendent, as aforesaid, he shall notify the trus- 
tees of said township thereof, and said trustees shall immedi- 
ately proceed to divide the land into tracts or lots, of such 
form and quantity as will produce the largest amount of money. 

§ 11. After making the division required by the foregoing 
section, said trustees shall cause a correct plat of the same to 
be made, representing all divisions, with each lot numbered and 
defined, so that its boundaries may be forever ascertained. 

§ 12. In subdividing said common school lands for sale, no 
lot shall contain more than 80 acres, and the division may be 
made into town or village lots, with roads, streets or alleys 
between them and through the same; and all such divisions, 
with all similar divisions hereafter made, are hereby declared 
legal, and all such roads, streets and alleys, public highways. 

§ 13. After such division into lots has been made and platted, 
the trustees of schools shall fix a value on each lot, having re- 
gard to the terms of sale, certify to the correctness of the plat, 
stating the value of each lot per acre, or per lot if less than 
one acre, and referring to and describing the lot in the certifi- 
cate, so as fully and clearly to distinguish, and identify each 
lot ; Avhich plats and certificate shall be delivered to the county 
superintendent, and shall govern him in advertising and selling 
such lands. 

§ 14. Upon the reception by the county superintendent of the 
plat and certificate of valuation from the trustees, he shall pro- 
ceed to advertise the said land for sale in lots as divided and 
laid off by said trustees, by posting notices thereof in at least 
six (6) public places in the county, forty days before the dai^ 
of sale, describing the land and stating the time, place and 
terms of sale; and if any newspaper is published in said county, 
said advertisement shall be printed therein, for four weeks before 
the day of sale; if no newspaper is published in said county, 
then such land may be sold under the notice aforesaid, which 
notice may be in the following form, viz.: 

SALE OF SCHOOL LAND. 

Public notice is hereby given tlaat on the day of A. D. 

18 , between the hours of ten o'clock A. M. and six o'clock P. M., the 

undersigned superintendent of schools of , county, will sell at 



i i 

public vendue to the highest bidder, at the door of the court 

house, in , (or on the premises,) tlie following described real 

estate, the same being a part of the school lands of township No 

range No , as divided and platted by the trustees of schools oi" 

said township, to-wit: (Here insert full and complete description of said 
premises). Said lands will be sold for cash in hand with the privilege to 
any purchaser of borrowing from the undersigned, the whole or any part 
of the amount of his bid, for not less than one nor more than five j^ears, 
upon his paying interest and giving security as required in case of a loan 
obtained from the township school fund. 

Dated this day of A. D 



County Superintendent, 

County. 

§ 15. The place of selling common school lauds shall be at 
tlie court house of the county in which the lands are situated; 
or the trustees of schools may direct the sale to be made on the 
premises. 

§ 16. The terms of selling common school lands shall be to 
the highest bidder, for cash, with the privilege to each pur- 
chaser of borrowing from the county superintendent the amount 
or any part of the amount of his bid, for any period of not less 
than one year nor more than five years, upon his paying inter- 
est and giving security, as in case of money loaned by a town- 
ship treasurer as provided in this act. 

§ 17. Upon the day appointed for such sale, the county super- 
intendent shall proceed to make sales as follows, viz.: He shall 
begin at the lowest numbered lot and proceed regularly to the 
highest numbered, till all are sold or offered. No lot shall be 
sold for less than its valuation by the trustees. Said sale shall 
be made between the hours of ten o'clock A. M. and six o'clock 
P. M., and may continue from day to day. The lots shall be 
cried separately, and each lot cried long enough to enable any 
person present to bid who desires to bid. 

§ 18. Upon closing the sales each day, the purchasers shall 
each pay, or secure the payment of the purchase money, accord- 
ing to the terms of sale; or in case of his failure to do so by 
ten o'clock the succeeding day, the lot purchased shall again be 
offered at public sale, on the same terms as before, and if the 
valuation or more shall be bid, shall be stricken off; but if the 
valuation be not bid, the lot shall be set down as not sold. 
If the sale is or is not made, the former purchaser shall be re- 
quired to pay the difference between his bid and the valuation 
of the lot ; and in case of his failing to make such payment, the 
county superintendent may forthwith institute an action of debt 
or assumpsit in his name, as superintendent, for the use of the 
inhabitants of the township where the laud hes, for the required 
sum; and upon making proof, shall be entitled to judgment, 
with costs of suit; which, when collected, shall be added to the 
principal of the township fund. If the sum claimed does not ex- 
ceed tW'o hundred dollars, the suit may be commenced before a 



justice of the peace; if the sum demanded exceeds two hundred 
dollars, then suit may be brought in the circuit court of any 
county wherein the party may be found. 

§ 19. All lands not sold at public sale, as herein provided for, 
shall be subject to sale at any time thereafter, at the valuation;^ 
and the county superintendents are authorized and required,, 
when in their power, to sell all such lands at private sale, upon 
the terms at which they were offered at public sale. 

§ 20. In all cases where common school lands have been 
heretofore valued, and have remained unsold for two years, 
after having been offered for sale, or shall hereafter remain 
unsold for that length of time, after being valued and offered 
for sale, in conformity to this act, the trustees of schools where 
such lands are situated may vacate the valuation thereof by 
an order to be entered in book A of the county superintendent, 
and cause a new valuation to be made, if, in their opinion, the 
interests of the township will be promoted thereby. They shall 
make said second valuation in the same manner as the first 
was made, and shall deliver to the county superintendent a plat 
of such second valuation, with the order of vacation, to be 
entered, as aforesaid, whereupon said county superintendent 
shall proceed to sell said lands in all respects as if no former 
valuation had been made: Provided, that the second valuation 
may be made by the trustees of schools, without petition, as 
provided in this act for the first valuation. 

§ 21. Upon the completion of every sale by the purchaser, 
the county superintendent shall enter the same in book B, and 
shall deliver to the purchaser a certificate of purchase, stating-- 
therein the name and residence of the purchaser, describing the 
land and the price paid therefor; which certificate shall be evi- 
dence of the facts therein stated, 

§ 22. At the first regular term of the county board in each 
year the county superintendent shall present to the county board 
of his county : A statement showing the sales of school lands,, 
made subsequent to the first regular term of the previous year^ 
which shall be a true copy of the sale book (book B). 

§ 23. The county superintendent shall also at the time afore- 
said transmit to the Auditor of Public Accounts a full and exact 
transcript from book B of all the sales made subsequent to 
each report. The statement i^equired to be presented to the 
county board shall be preserved and copied by the clerk of said 
board into a well bound book kept for that purpose; and the 
list transmitted to the Auditor shall be filed, copied and pre- 
served in like manner. 

§ 24. Every purchaser of common school lands shall be en- 
titled to a patent from the State, conveying and assuring the 
title. Patents shall be made out by the Auditor, from returns 
made to him by tlie county superintendent. They shall contain 
a description of the land granted, and shall be in the np^me of 
a nd signed by the Governor, countersigned by the Auditor, with 



79 

the great seal of the State affixed thereto by the Secretary of 
State, and shall operate to vest in the purchaser a perfect title 
in fee simple. When patents are executed as herein required, the 
Auditor shall note on the list of sales the date of each patent, 
in such manner as to perpetuate the evidence of its date and 
delivery, and thereupon transmit the same to the county super- 
intendent of the proper county, to be by him delivered to the 
patentee, his heirs or assigns upon the return of the original 
certificate of purchase, which certificate, when returned, shall be 
filed and preserved by the county superintendent; and all such 
patents, heretofore or hereafter so issued, by the State for 
school lands, or duly certified copies thereof from any record 
legally made, shall after the lapse of ten years, from the date 
of such patent, and such sale having been acquiesced in for ten 
years by the inhabitants of the township in which the land so 
conveyed may be situated, be conclusive evidence as to the 
legality of the sale, and that the title to such land was, at the 
date of the patent, legally vested in the patentee. 

§ 25. Purchasers of common school lands, and their heirs and 
assigns, may obtain duplicate copies of their certificates of pur- 
chase and patents, upon filing affidavit with the county super- 
intendent in respect to certificates, and with the Auditor in 
respect to patents, proving the loss or destruction of the 
originals; and such copies shall have all the force and effect of 
originals. 

§ 26. When any real estate shall have been taken for any 
debts due to any school fund, the title to which real estate has^ 
become vested in any county superintendent for the use of the 
inhabitants of one or more townships or of the county, the 
county superintendent may lease or sell such real estate for the 
benefit of such township or townships, or of the county, as pro- 
vided for in section 37 of article III of this act, regulating the 
leasing and sales of lands by school trustees : Provided, that in 
case the real estate be held for the benefit of any township or 
townships, it shall not be sold except upon the written request 
of the school trustees of said township or townships. The said 
county superintendent is hereby authorized to execute convey- 
ances of such real estate to the purchasers when so sold. 

§ 27. The trustees of schools in any township are hereby 
authorized and empowered, in their corporate capacity, to lay 
out and dedicate to the public use, for street and highway pur- 
poses, so much of the common school lands, which is unim- 
proved or unoccupied with buildings, as may be necessa- 
ry to open or extend any street or highway which may be 
ordered opened or extended hj the municipal authorities, which 
are by law empowered to open or extend streets or highways 
in the territory where said school lands are located: Provided, 
that said trustees of schools shall be of the opinion that the 
benefits to accrue from the opening or extending of said street 
or highway, to the remainder of said common school lands, will 
compensate for the strip so dedicated: And, provided, further, 



80 

that it shall not be lawful for any street or other railroad to 
lay down railroad tracks on any strip of the common school 
land so dedicated, or use the same or any part of the common 
school lands for railroad or street railroad purposes, except 
upon the purchase or lease of the same from the proper authori- 
ties, or upon the payment to the school fund of said township 
of the value of such use or land taken, the same as if no street 
or highway had been laid out thereon, to be determined by pro- 
ceedings under an act entitled, "An act to provide for the ex- 
ercise of the right of eminent domain,'" approved April 10, 1872, 
and all amendments thereto: And, provided, further, that this 
section shall not in any way affect existing leases or contracts 
for the lease or purchase of common school lands. 

ARTICLE XIY. 



FINES AND FORFEITURES. 



I 1. Paid to county superintendent. 
§ 2. Duties of state's attorneys. 
§ 3. Duties of justices of ttie peace. 
i 4. Report of fines; affidavit; penalty for 
failure to report. 



§ 5. Penalty for failure to pay over fines 
collected. 

§ 6. Power of the county court to examine 
records • f delinquent officers; pen- 
alty for failure to furnish papers, etc. 



Section 1. All fines, penalties and forfeitures imposed or in- 
curred in any of the courts of record, or before any justice of 
the peace of the State, except fines, forfeitures and penalties 
incurred or imposed in incorporated towns or cities for the vio- 
lation of the by-laws or ordinances thereof, shall, when collected, 
be paid to the county superintendent of schools of the county 
wherein such fines, penalties or forfeitures have been imposed or 
incurred, and the said county superintendent of schools shall 
give his receipt therefor to the person from whom such fine, for- 
feiture or penalty w^as received. The said county superintendent 
shall annually distribute such fines, penalties or forfeitures in 
the same manner as the common school funds of the State are 
distributed. 

§ 2. It shall be the duty of the state's attorneys of the sev- 
eral counties to enforce the collection of all fines, forfeitures and 
penalties imposed or incurred in the courts of record of their 
respective counties, and to pay the same over to the county 
superintendent of the county wherein the same have been im- 
imposed or incurred, retaining therefrom the fees and commis- 
sions allowed them by law. 

§ 3. It shall be the duty of the justices of the peace to en- 
force the collection of all fines imposed by them, by any lawful 
means, and, when collected, the same shall be paid, by the justice 
collecting the same, to the county superintendent of the county 
in which the same was imposed. 

§ 4. Clerks of courts of record, state's attorneys and all 
justices of the peace shall report, under oath, to the county court 
•of their respective counties, by the first of March, annually, the 
amount of such fines, penalties and forfeitures imposed or in- 



81 

cnrred in their respective courts, and the amount of such fines, 
forfeitures and penalties collected by them, giving each article 
separately, and if any such officer has collected no such fines, 
penalties' or forfeitures, he shall make affidavit to such fact, 
and file the same with the county superintendent. The judges 
of the county court shall inspect the said reports, and may 
hear evidence thereon, and, if found correct and truthful, shall 
enter an order approving such report, and that any moneys in 
the hands of such officers so reporting shall be paid over to the 
superintendent of schools. If the court shall not approve of 
such report he may order a new one to be made, and, upon failure 
to comply with the order of the court or to make a satisfactory 
report, the court may state an account and enter an order 
to pay over as above provided. The court, for all purposes for 
carrying out the provisions of this section, shall have power to 
examine books and papers, as provided hereinafter in section 6 
of this article, and shall have power to issue subpoenas for both 
books and persons; Provided, that no report shall be approved 
until the court shall have given the superintendent five (5) days' 
notice of the same, and he shall be allowed to inspect said re- 
port, and he shall be heard by the court upon the same if he 
desire; and the officers charged with the collection thereof, (the 
said clerks, state's attorneys and justices of the peace), for a 
failure to make such a report, shall be liable to a fine of twenty- 
five dollars ($25). for each offense, said fine to be recovered in 
a civil action, before any court, at the suit of the county super- 
intendent of schools of the proper county. 

§ 5. For a failure to pay any fine, forfeiture or penalty, on 
demand, to the person who is by law authorized to receive the 
same, the officer or person having collected the same, or having 
the same in his possession or control, shall forfeit and pay 
double the amount of such fine, penalty or forfeiture as afore- 
said, to be recovered before any court having jurisdiction thereof, 
in a qni tarn action, one-half to be paid to the informer, and 
one-half to the school fund of the proper county. 

§ 6. In case that any clerk of a court of record, state's at- 
torney or justice of the peace shall fail to make the report pro- 
vided for in section 4 of this article, the county court shall have 
power, and it is hereby made the duty of the judge of said 
court, to examine all records pertaining to the office of such 
delinquent, officer, and enforce the payment of whatever sum 
may be found due the school fund from such delinquent officer. 
For the purpose of making such examination, the said county 
court shall have the right to call for any paper or jjapers, 
docket, fee-book, or other record belonging to the office of such 
delinquent officer; and in case such delinquent officer fails or 
refuses to furnish such paper, docket, fee-book, or other record, 
for the inspection or use of such county court, he shall forfeit, 
and pay to the school fund, the sum of one hundred dollars 
'(flOO), to be recovered in an action of debt or assumpsit, 

—6 S. 



82 

before any court of this State having jurisdiction of the actions! 
of debt and assumpsit, and such penalty, when collected, shall 
be paid into the school fund of the proper county. 



ARTICLE XV. 



LIABILITY OF SCHOOL OFFICERS. 



§ 1. Of trustees for failure to take action 
regarding the insuffieiency of town- 
ship securities. 

§ 2. Ot judges of election for failure to de- 
liver poll- book and certificate. 

§ 3. Of boards of directors for failure to 
deliver schedules. 

§ 4. Of township treasurer for failure to 
perform his duties. 

§ 5. Of the bondsmen or legal representa- 
tives of township treasurer to turn 
over bonds, etc., to successor. 

§ 6. Linble to indictment and imprison- 
ment for conversion of funds. 

§ 7. Trustees liable for securities of town- 
ship treasurer; exception. 



§ 8. Real estate ot school officers holden. 

§ 9. Failure of trustees to make returns 
of children. 

§ 10. Failure of school officers to furnish 
statistics. 

§ 11. School officers responsible for loss of 
funds. 

§ 12. Forbidden to pervert funds to sec- 
tarian purposes. 

§ 13. Interest in sale of school books, etc., 
forbidden. 

§ 14. Penalty for excluding colored chil- 
dren from school. 



Section 1. Whenever tiie county superintendent of schools of 
any county shall notify the board of trustees of any township, 
in writing, that the notes, bonds, mortgages, or other evidences 
of indebtedness which have been taken officially by the tqwnship 
treasurer, are not in proper form, or that the securities which 
the said township treasurer has taken are insufficient, it shall 
be the duty of the said board of trustees at once to take such 
action as may be necessary to save and protect the property 
or funds of the districts and the township ; and for a failure or 
refusal to take such action within twenty (20) days after such 
notice, the members of the board, each in his individual capac- 
ity, shall be liable to a fine of not less than twenty -five (25) 
nor more than one hundred dollars (flOO), to be recovered be- 
fore any justice of the peace, on information, in the name of 
the People of the State of Illinois, (provided such insufficiency 
is proven,) and when collected, the said fine shall be paid to 
the county superintendent of the proper county, for the use of 
schools. "^And the payment of this fine shall not relieve the 
board of trustees from any ciyil liability they may have incurred 
from such neglect of duty. 

§ 2. If the judges of any school election called for any legal 
purpose shall fail or neglect to deliver a copy of the poll-book 
of any such election, with a certificate thereon showing the re- 
sult of such election, to the officer provided by law to whom 
such return shall be made, within ten days after such election 
shall have been held, the said judges of election shall be sever- 
ally liable to a penalty of not less than twenty-five dollars 
(|25) nor more than one hundred dollars (|100), to be recov- 
ered in the name of the People of the State of Illinois, by an 



■mi 



83 

action of debt before any justice of the peace of the county; 
which penalty, when collected, shall be paid into the school 
fund of the township in which such election was held. 

§ 3. It shall be the duty of the board of directors of every 
school district in this State, to deliver to the township treas- 
urer all teachers' schedules made and certified as required by 
law,. and covering all time taught during the school year end- 
ing June 30th, on or before the 7th day of July, annually; and 
the dirctors shall be personally liable to the district for any 
and all loss sustained by it through their failure to examine 
and deliver to the said "township treasurer all such schedules 
within the said time. 

§ 4. For any failure or refusal to perform all the duties re- 
quired of the township treasurer by law, he shall be liable to 
the board of trustees, upon his official bond, for all damages 
sustained by reason of such failure or refusal, to be recovered 
by action of debt by said board, in their corporate name, for 
the use of the proper township, before any court having juris- 
diction of the amount of damages chiimed; but if the said 
treasurer, in any such failure or refusal, acted under and in 
conformity to a requisition or order of said board, or a major- 
ity of them, entered upon their journal and subscribed by their 
president and clerk, then, in that case, the members of said 
board aforesaid, or those of them voting for such requisition or 
order aforesaid, and not the said township treasurer, shall be 
■ liable, jointl3^ and severally, to the inhabitants of the township 
for all such damages, to be recovered by an action of assumpsit 
in a suit brought in the official name of the county superin- 
tendent of schools, for the use of the proper township: Pro- 
vided, said treasurer shall be liable for any loss not collected by 
reason of the insolvency of said trustees. 

§ 5. When a township treasurer shall resign or be removed, 
and at the expiration of his term of office, he shall pay over to 
his successor in office, when appointed, all money on hand, and 
deliver over all books, notes, bonds, mortgages, and all other 
securities for money, and all papers and documents of every 
description in which the corporation has any interest whatever; 
and in case of the death of the township treasurer, his securi- 
ties and legal representatives shall be bound to comply with 
the requisitions of this section so far as the said securities and 
legal representatives may have the power so to do. And for 
any failure to comply with the requisitions of this section, the 
persons neglecting or refusing shall be liable to a penalty of 
not less than ten (10) nor more than one hundred dollars 
($100), at the discretion of the court before which judgment 
may be obtained, to be recovered in an action of debt before 
any justice of the peace, for the benefit of the school fund of 
such township: Provided, that the obtaining or payment of 
such judgment shall in no wise discharge or diminish the obli- 
gation of the persons signing the official bond of such township 
treasurer. 



84 

§ 6. If any county superintendent, trustee of schools, town- 
ship treasurer, director or any other person entrusted with the 
care, control, management or disposition of any school, college, 
seminary or township fund for the use of any county, township, 
district or school, shall convert such funds, or any part thereof,. 
to his own use, he shall be liable to indictment, and upon con- 
viction thereof, shall be fined in any sum not less than double 
the amount of money converted to his own use, and imprisoned 
in the county jail not less than one nor more than twelve 
months, at the discretion of the court. 

§ 7. Trustees of schools shall be liable, iointly and severally^ 
lor the sufficiency of securities taken from township treasurers; 
and in case of judgment against any treasurer and his securities 
for or on account of any default of such treasurer on which the 
money shall not be made for want of sufiicient property where- 
on to lev3^ execution, action on the case may be maintained! 
against said trustees, jointly and severally, and the amount not 
collected on said judgment shall be recovered with costs of suit 
from such trustees: Provided, that if said trustees can show, 
satisfactorily, that the security taken from the treasurer, as 
aforesaid, was, at the time of said taking, good and sufficient, 
they shall not be liable as aforesaid. 

§ 8. The real estate of county superintendents, of township' 
treasurers and all other school officers, and of the securities of 
each of them shall be bound for the satisfaction and payment 
of all claims and demands against said superintendents and 
treasurers, and other school officers as such from the date of 
issuing process against them, in actions or suits brought to re- 
cover such claims or demands until satisfaction thereof be ob- 
trained ; and no sale or alienation of real estate, by any super- 
intendent, treasurer or other officer or security aforesaid, shall 
defeat the lien created by this section, but all and singular such 
real estate held, owned or claimed, as aforesaid, shall be liable 
to be sold in satisfaction of any judgment which may be ob- 
tained in such actions or suits. 

§ 9. Trustees of schools, or either of them, failing or refusing 
to make returns of children in their township according to the 
provisions of this act, or if either of them shall knowingly make 
a false return, the party so offending shall be liable to a penalty 
of not less than ten dollars ($10) nor more than one hundred' 
dollars (flOO), to be recoveied by an action of assumpsit, before 
any iustice of the peace of the county; which penalty, when col- 
lected, shall be added to the township school fund of the town- 
ship in which said trustees reside. 

§ 10. If any county superintendent, director or trustee, or 
either of them, or other officer whose duty it is, shall negligently 
or vvillfully fail or refuse to make, furnish or communicate the 
statistics and information, or shall fail to discharge the duties 
enioined upon them or either of them at the time and in the 



85 

manner required by the provisions of this act, such delinquent 
or party offending shall be liable to a fine of not less than 
twenty-five dollars (f25), to be recovered before any justice of 
the peace at the suit of any person, on information, in the name 
of the People of the State of lUinois, and when collected, the 
said fine shall be paid to the county superintendent of the 
proper county for the use of the school fund. 

§ 11. County superintendents, trustees of schools, directors 
and township treasurers, or either of them, or any other ofllcer 
having" eharge of school funds or property, shall be pecuniarily 
responsible tor all losses sustained by any county, township or 
school fund, by reason of any failure on his or their part to 
perform the duties required of him or them by the provisions 
of this act ; or by any rule or regulation authorized to be made 
by the provisions of this act; and each and every one of the 
officers aforesaid shall be liable for any such loss sustained aS 
aforesaid, and the amount of such loss may be recovered in a 
civil action brought in any court having jurisdiction thereof, at 
the suit of the State of Illinois, for the use of the county, town- 
ship or fund injured; the amount of the judgment obtained in 
such suit shall, when collected, be paid to the proper officer for 
the benefit of the said county, township or fund injured. 

§ 13. No countj^, city, town, township, school district or other 
public corporation shall ever make any appropriation, or pay 
from any school fund whatever, anything in aid of any church 
or sectarian purpose, or to help support or sustain any school, 
academy, seminary, college, university or other literary or scien- 
tific institution controlled by any church or sectarian denomi- 
nation whatever; nor shall any grant or donation of money, or 
other personal property, ever be made by any such corporation 
■to any church or for any sectarian purpose; and any officer or 
-other person having under his charge or direction school funds 
or property, who shall pervert the same in the manner forbid- 
den in this section, shall be liable to indictment, and upon con- 
viction thereof shall be fined in a sum not less than double the 
value of the property so perverted, and imprisoned in the county 
jail not less than one (1) nor more than twelve (12) months, at 
the discretion of the court. 

§ 13. No teacher, state, county, township or district school 
officer shall be interested in the sale, proceeds or profits of any 
book, apparatus or furniture used, or to be used, in any school 
in this State with which such officer or teacher may be con- 
nected; and for offending against the provisions of this section 
such teacher, state, county, township or district school officer 
shall be liable to indictment, and upon conviction shall be fined 
in a sum not less than twenty-five dollars ($25) nor more than 
five hundred dollars ($500), and may be imprisoned in the 
■county jail not less than one (1) month nor more than twelve 
v(12) months, at the discretion of the court. 



86 

§ 14. Any school officer or officers, or any other person, who 
shall exclude or aid in the exclusion from the public schools, of 
any child who is entitled to the benefits of such school, on ac- 
count of such child's color, shall be fined, upon conviction, in 
any sum not less than five dollars (|5), nor more than one 
hundred dollars (flOO) each, for every such offense. 



ARTICLE XVI. 



MISCELLANEOUS. 



§ 1. 

§ 2. 

§ 3. 

§ 4. 

§ 5. 

§ 6. 

§7. 



Costs of suits not to be charged to 
school fund. 

Eligibility of women to school offices. 

Bonds of . women holding school 
offices. 

Colored children may not be excluded 
from pchool. 

Penalty foi preventing children from 
attendiDg school. 

Payment of funds to township treas- 
urer. 

Eeports and rate of taxation under 
special charters. 



§ 9. 
§ 10. 



§ 11. 



§ 12. 
§ 13. 



Educational institutions to report tO' 
State Superintendent. 

Judgment and executions against 
boards of trustees and directors. 

No compensation allowed to trustees^, 
directors, etc. ; exemption from 
road labor, etc. 

School officers to hold until their suc- 
cessors are qualified. 

Former acts repealed. 

Emergency clause. 



Section 1. No justice of the peace, constable, clerk of any 
court, sheriff or coroner shall charge any costs in any suit 
where any school officer, school corporation or any agent of any 
school fund, suing for the recovery of the same, or any interest 
due thereon, is plaintiff and shall be unsuccessful in such suit; 
nor where the costs can not be recovered from the defendant by 
reason of the insolvency of such defendant. 

§ 2. Any woman, married or single, of the age of twenty-one 
years and upwards^ and possessing the qualifications prescribed 
for the office, shall be eligible to any office under the general or 
special school laws of this State. 

§ 3. Any woman elected or appointed to any office under the 
provisions of this act, before she enters upon the discharge of 
the duties of the office, shall qualify and give the bond required 
by law (if a bond is required), and such bond shall be binding 
upon her and her securities. 

§ 4. All boards of school directors, boards of education, or 
school officers, Avhose duty it now is, or may be hereafter to 
provide in their respective jurisdictions, schools for the educa- 
tion of all children between the ages of six and twenty-one 
years, are prohibited from the excluding, directly or indirectly, 
any such child from such school on account of the color of such 
child. 

§ 5. Any person who shall, by threats, menace or intimida- 
tion, prevent any child entitled to attend a public school in this 
State from attending such school shall, upon conviction, be fined 
in any sum not exceeding twentj^-five dollars (|25.00). 

§ 6. It shall be the duty of the county treasurers, county 
superintendents of schools, township collectors, and all other 



87 

persons paying money into the hands of township school treas- 
urers, for school purposes, on or before the 30th day of Septem- 
ber of each year, to notify in writing the presidents of boards 
of school trustees, and the clerks of the boards of school direc- 
tors, of the amount paid into the township treasurer's hands, 
and the date of payment. 

§ 7. This act shall not be so construed as to repeal or 
change, in any respect, any special acts in relation to schools 
in cities having less than 100,000 inhabitants, or incorporated 
towns, townships or districts, (except that in every such city, 
town, township or district the limit of taxation for educational 
and building purposes shall be the same as that fixed in section 
one, article eight, of this act); and except that it shall be the 
duty of the several boards of education or other officers of any 
city or incorporated town, township or district, having in charge 
schools under the provision of any of said special acts, or of 
any ordinance of Siuj city or incorporated town, on or before 
the 15th day of July preceding each session of the General As- 
sembly of this State, or annualh\ if required so to do by the 
State Supeiintendent of Public Instruction, to make out and 
render a statement of all such statistics and other information 
in regard to schools and the enumeration of persons, as is re- 
quired to be communicated by township boards of trustees or 
directors, under the provisions of this act, or so much thereof 
as may be applicable to said city or incorporated town, to the 
county superintendent of the county where such city or incor- 
porated town is situated, or of the county in which the larger 
part of such city or incorporated town is situated ; nor shall it 
136 lawful for the county superintendent, or an3' other officer or 
person to pay over any portion of the common school fund to 
any local treasurer, school agent, clerk, board of education, or 
other officer or person of any township, city or incorporated 
town, unless a report of the number of persons and other sta- 
tistics relative to schools, and a statement of such other infor- 
mation as is required by the board of trustees or of directors, 
as aforesaid, and of other school officers and teachers, under the 
provisions of this act, shall have been filed at the time or times 
aforesaid, specified in this section, with the superintendent of 
the proper countv, as aforesaid. [As amended by act approved 
and in force March 31, 1891.] 

§ 8. It shall be the duty of the president, principal, or other 
proper officer of every organized university, college, seminary, 
academy, or other literary institution, heretofore incorporated, 
or hereafter to be incorporated in this State, to make out, or 
cause to be made out and forwarded to the office of the State 
Superintendent of Public Instruction, on or before the first day 
of August in each year, a, report setting forth the amount and 
estimated value of real estate owned by the corporation, the 
amount of other funds and endowments, and the yearly income 
from all sources; the number of instructors, the number of 
students in the different classes, the studies pursued and the 



88 

books used ; the course of instruction, the terms of tuition, and 
such other matters as may be speciallj' requested by said Super- 
intendent, or as may be deemed proper by the president or prin- 
cipal of such institution to enable the Superintendent of Public 
Instruction to lay before the Legislature a fair and full exhibit 
of the affairs and conditions of said institutions, aud of the 
educational resources of the State. 

§ 9. If judgment shall be obtained against any township board 
of trustees or school directors, the party entitled to the benefit 
of such judgment may have execution therefor, as follows, to-wit: 
It shall be lawful for the court in which such judgment shall be 
obtained, or to which such judgment may be removed by 
transcript or appeal from a justice of the peace, or other court, 
to issue thence a writ commanding the directors, trustees and 
treasurer of such township, to cause the amount thereof, with 
interest and costs, to be paid to the party entitled to the bene- 
fit of such judgment, out of any mone\^s unappropriated of said 
township or district, or if there be no such moneys, out of the 
first moneys applicable to the payment of the kind of services 
or indebtedness for which such judgment shall be obtained, 
whicli shall be received for the use of such township or district, 
and to enforce obedience to such writ by attachment, or by 
mandamus, requiring such board to levy a tax for the payment 
of such judgment; and all legal processes, as well as writs to 
enforce payment, shall be served either on the president or clerk 
of the board. 

§ 10. Trustees of schools, school directors, members of boards 
of education, or other school officers performing like duties, 
shall receive no pecuniary compensation, but they shall be ex- 
empt from road labor and from military duty during their term 
of office. 

§ 11. All school officers elected in pursuance of any general 
law now in force shall hold their respective offices until their 
successors are elected and qualified under the provisions of this 
act. 

§ _2. "An Act to establish and maintain a system of free 
schools," apjjroved April i, 1872; "An Act to protect colored 
children in their rights to attend pubic schools," approved' 
March 24, 1874; " An Act to amend section fifty (50) of an Act 
entitled 'An Act to establish and maintain a system of free 
schools,' approved April 1, 1872," approved March 30, 1874; 
"An Act to amend sections 24 and 33 of An Act entitled 'An 
Act to establish and maintain a system of free schools,' ap- 
proved April 1, 1872," approved May 23, 1377; "An Act to 
amend section 47 of 'An Act to establish and maintain a sys- 
tem of free schools,' approved April 1, 1872," approved May 11, 
1877; "An Act regulating the renting and sale of school lands," 
approved May 25, 1877; "An Act to amend section 33 of An 
Act entitled 'An Act to amend sections 24 and 33 of an Act 
entitled 'An Act to establish and maintain a system of free 



89 

sclioola,' approved April 1, 1872, approved May 23, 1877, in 
force July 1, 1877;" Approved May 31, 1879^ "An Act to 
€imend an Act entitled 'An Act to establish and maintain a sys- 
tem of free schools,' approved April 1, 18 j2; and section forty- 
seven (47) of said Act as amended by an Act approved May 
11, 1877," approved June 3, 1879; "An Act to amend sections 
eleven (11), twenty-seven (27), thirtv-three (33), thirty-four 
(34), forty-Qi^ht (48), fifty-three (53), 'fifth-four (o4) and fifty- 
seven (57) of an Act entitled 'An Act to establish and maintain 
a system of free schools,' approved April 1, 1872, and in force 
July 1 , 1872, and amended by an Act Approved June S, 1879, 
and in force July 1, 1879," approved May 31, 1881; "An Act 
to amend section fift.y-one (51) of an Act entitled 'An Act to 
establish and maintain a system of free schools,' approved April 
1, 1872, in force July 1, 1872, and amended by an Act approved 
June 3, 1879, in force July 1, 1879," approved June 23,^1883; 
"Ah A.ct regulating the loaning of school funds," approved and 
in force March 20, 1883; "An Act to amend sections thirteen 
(13), twenty (20) and seventy-one (71) of an Act entitled 'An 
Act to establish and maintain a system of free schools,' ap- 
proved April 1, 1372, and in force July 1, 1872, and amended 
by an Act approved June 3. 187:)," approved June 26, 1885; 
"An Act to amend sections fifty-seven (57) and fifty-eight (58) 
of an Act entitled 'An Act to establish and maintain a system 
of free schools,' approved April 1, 1872, and amended by an Act 
approved April 1, 1872, and amended by an Act approved June 
3, 1879, and in force July 1, 1879, and further amended by an 
Act approved May 31, 1881, and in force Jul^^ 1, 1881," ap- 
proved June 30, 18C5; "An Act to amend section one (1) of 
an Act entitled 'An Act regulating the renting and sale of school 
land^,' approved May 25, 1877, in force July 1, 1877," approved 
June 29. 1885; "An Act to amend section thirty-three (33) of 
an Act entitled 'An Act to establish and maintain a system of 
free schools,' approved April 1, 1872, in force July 1, 1872, as 
amended by an Act approved May 23, 1877, in force July 1, 
1877, as amended by Act approved June 3, 7879, in force July 
1, 1879, as amended by Act approved May 31, 1881, in force 
July 1, 1881," approved June 4, 1887; "An act to provide for 
the election of presidents of boards of education in school dis- 
tricts," approved June 17, 1887; "An act to empower trustees 
of schools to lay out and dedicate common school lands for 
street and highway purposes," approved June 3, 1887; "An Act 
to regulate the attendance of teachers upon teachers' institutes," 
approved June 14, 188 ; "An Act to empower township trustees 
to sell and convey right of way and depot grounds for the use 
of railroads crossing school lands," approved April 13, 1875; 
'^'An Act to regulate the payment of moneys into the hands of 
township school treasurers,'" approved May SO, 1881; and all 
other Acts and parts of Acts inconsistent with this Act, and all 
general school laws in this State, are hereby repealed. 



90 

§ 13. Whereas, an emergency exists, requiring this act to take 
immediate effect, therefore be it enacted that this act shall take 
effect from and after its passage. 

Appeoved May 21, 1889. 

ADDITIONAL ACTS PERTAINING TO THE PUBLIC 
SCHOOLS AND TO SCHOOL OFFICERS. 

MEMBERS OF THE BOARD OF EDUCATION APPOINTED. 

An Act to provide for the appointment of School Directors and 
members of the Board of Education, in certain cases, approved 
May 29, 1879, in force July 1, 1879. 

Section 1. Be it enacted by the People oi the State of Illinois^ 
represented in the General Assembly: That in all cases whereby 
[where, by] the provisions of any general or special law of this 
State heretofore passed, the members of the common council of 
any city having been made ex officio school directors, or members 
of the board of education in and for the school district of which 
the said city shall constitute th-e whole or a part, the said 
school directors or members of the board of education shall 
hereafter be appointed as hereinafter provided. 

§ 2. It shall be the duty of the mayor of said city^, at the 
first regular meeting of the city council after each annual mu- 
nicipal election, and after his installation into office, to nomi- 
nate and place before the council, for confirmation as school 
directors or members of the board of education, as the case may 
be, one person from each ward of said city to serve for two 
years, and one person from the city at large to serve for one- 
year, and if the persons so appointed shall be confirmed by a 
majority vote of the city council, to be entered of record, the 
persons so appointed, together with such persons theretofore 
appointed under the provisions of the act, to which this is an 
amendment, whose terms of service shall not expire within one 
year, shall constitute the board of education or school directors 
for such district: Provided, that the person appointed from the 
city at large for one year shall be president of said board of 
education or school directors, but shall have no vote in such 
board excepting in case of a tie: And provided further, that the 
term of office of all persons heretofore appointed under the pro- 
visions of the act, to which this is an amendment, whose term 
of office expires within one year, shall terminate at the first 
regular meeting of the city council after the annual meeting, 
and upon the appointment and confirmation of their suc- 
cessors. [As amended by act approved and in force May 28, 
1889.] 

§ 3. The said persons shall, as soon as practicable after their 
appointment, organize by electing one of their number secre- 
tary, who shall hold his office for one year. All rights, powers- 



91 

and duties heretofore exercised by and devolved upon the mem- 
bers of the city council, as ex officio members of the board of 
education, or school directors, shall devolve upon and be exer- 
cised by the members of the board of education and school di- 
rectors appointed under the provisions of this act. [As amend- 
ed by act approved and in force May 28, 1889.] 

§ 4. In all school districts to which this act shall apply, the 
boards of education or school directors shall annually, before 
the first day of August, certify to the city council, under the 
hands and seals of the president and secretary of the board, 
the amount of money required to be raised by taxation for 
school purposes in said district for the ensuing year, and the 
said city council shall thereupon cause the said amount to be 
levied and collected in the same manner now provided by law 
for the levy and collection of taxes for school purposes in such 
district, but the amount to be so levied and collected shall not 
exceed the amount now allowed to be collected for school pur- 
poses by the general school laws of this State; and when such 
taxes have been collected and paid over to the treasurer of such 
city or school district, as may be provided by the terms of the 
act under w'hich such district has been organized, such funds 
shall be paid out only on the order of the board of education 
or the school directors, signed hy the president and secretary 
of such board. 

Approved May 29, 1879, 



An Act relating- to the study of Physiology and Hygiene in the 

Public Schools. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That the proper le- 
gal school authorities shall have power, and it shall be their 
duty, to have all pupils of suitable age in schools of Illinois, 
supported by public money or under state control, instructed 
in physiology and hygiene, with special reference to the effects 
of alcoholic beverages, stimulants and narcotics on the human 
system . 

§ 2. No certificate shall be granted to a,nj person to teach 
in the public schools of-Illinois, after July, 1890, who has not 
passed a satisfactory examination in physiology and hygiene, 
with special reference to the effects of alcoholic beverages, stimu- 
lants and narcotics on the human system. 

Approved June 1, 1889. 



92 



■COMPENSATION OF JUDGES AND CLERKS OF ELECTION IN CERTAIN 

CASES.* 

An Act to provide for the compensation of Judges and Clerks 
of Election at elections at which Trustees of Schools and 
School Directors are elected under the provisions of an act 
entitled ''An Act to regulate the holding of elections and de- 
claring the result thereof in cities, villages and incorporated 
towns in this State," approved June 19, 1885. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That at all elections 
held uiider the provisions of an Act entitled "An Act to regulate 
the holding of elections and declaring the result thereof in cities, 
villages and incorporated towns in this State," approved June 
19, 1885, and those amendatory and supplemental thereto, at 
which auy trustee of school ma^^ have been heretofore or shall 
hereafter be elected, the expenses of such election shall be paid 
out of the treasury of such city, village and incorporated town. 

§ 2. That all elections held under the provisions of said acts, 
at which a school director is elected, the expenses of such elec- 
tion shall be paid out of any funds belonging or appertaining 
to the district for which such director is elected. 

§ 3. The corporate authorities of cities, villages, incor- 
porated towns and school districts are hereby authorized and 
empowered to levy taxes for the purpose of paying such election 
expenses. 

Approved June 3, 1889. 



ELECTION OF BOARDS OF EDUCATION IN 
CERTAIN CASES. 



§ 1. 



§ 2. 



Cities, towns and townships, in which 
schools are managed under special 
acts, may elect boards of education. 

Question to be submitted to vote, up- 
on petition of 50 voters. 



§ 3. Repeals all acts in conflict. 
§ 4. Emergency. 



An Act to give cities, incorpora,ted towns, townships and dis- 
tricts in which free schools are now managed under special 
acts, authority to elect boards of education having the same 
powers as boards of education now elected under the general 
tree school laws of this State. 

Section i. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That any city, in- 
corporated town, township or district having a poplation of 



* ThiP relates to the judges and clerks of elections appointed by the board of election 
^commissioners, and not to the officers of school elections generally. 



93 

not less than one thousand and not over twenty thousand in- 
habitants, in which free schools are now managed under any- 
special act, may, by vote of its electors, determine to elect, in- 
stead of the directors or other governing or managing board, 
now provided for by such special act, a board of education 
which shall be elected at the time and in the manner and have 
the powers now conferred by law upon boards of education of 
districts not governed by any special act. 

§ 2. Upon petition of fifty voters of such city, town, town- 
ship or district, presented to the board having the control and 
management of schools in such city, town, township or district, 
it shall be the duty of such board, at the next ensuiug election 
to be held in such city, town, township or district, to cause to 
be submitted to the voters thereof, giving not less than fifteen 
days' notice thereof, by posting not less than five notices in the 
most public places in such city, town, township or district, the 
question of "electing a board of education having the powers 
conferred upon such boards in districts organized under the free 
school laws," which notice may be in the following form, to-wit: 

Public notice is hereby given that on the day of , A- 

D , an election will he held at , between the hours 

of m. and m. of said day, for the purpose of deciding the 

question of "electing a board of education having the powers conferred 
upon such boards in districts organized under the free school law." 

If it shall appear upon a canvass of the returns of such elec- 
tion that a majority of the votes cast at such election are "'for 
electing a board of education having the powers conferred upon 
such boards in districts organized under the free school law," 
then at the time of the next regular election for boards of edu- 
cation under the free school law, there shall be elected a board 
of education for such district; and should there not be sufficient 
time to give the notice required by law for such election, then 
such election may be held on any Saturday thereafter, but all 
subseijnenfc elections shall be held at the time provided by the 
free schooMaw\ 

§ 3. All acts and parts of acts in conflict with this act are 
hereby repealed. 

§ 4. Whereas, an emergency exists requiring this act to take 
immediate effect, therefore be it enacted that this act shall be 
in force from and after its passage. 

Approved June 2, 1891. 



94 



CHILD LAr>OR. 



EMPLOYMENT OF CHILDREN UNDER 13 YEARS OF AGE PROHIBITED. 



§ 3. No certificate shall be issued unless 
the child has attended school at least 
8 weeks in the cm-rent school year. 

§ 4. No child shall be employed lor more 
than one day without such certificate. 

§ 5. Penalties for violation of this act. 



§ 1. Prohibits any person, firm or corpora- 
tion from employing any chi d under 
13 years of age, except as provided 
in this act. 

§ 2. Certificate of the school board author- 
izing employment. 

An Act to prevent child labor. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That it shall be un- 
lawful for an3^ person, firm or corporation to employ or hire 
any child under thirteen years of age except as hereinafter pro- 
vided. 

§ 2. In case it shall be made to appear to the board of edu- 
cation or of school directors that the labor or services of any 
child constitutes and is the means of support of an aged or 
infirm relative, and that such relative is in whole, or in part, 
dependent upon such child, then the board of education or 
school directors shall issue to such child a certificate authoriz- 
ing the employment of such child ; such certificate shall state 
the name, residence and age of such child, and a record thereof 
shall be kept by the board of education or school directors in 
a book kept for that purpose. 

§ 3. No such certificate shall be granted to any child unless 
it shall be shown to the board of education or school directors 
[of the district] in which such child resides, that such child has 
attended some public or private daj' school for at least eight 
(8) wrecks in the current school year. 

§ 4. No person, firm or corporation shall employ any child 
under the age of thirteen years, in any store, shop, factory or 
manufacturing establishment, by the day, or any period of 
time greater than one day, unless such certificate be furnished, 
nor shall he permit any such child to work in his employ with- 
out such certificate. He or they shall be authorized to retain 
the certificate of any such child employed by him, which shall 
be evidence admissible in any court. 

§ 5. Any person, firm or corporation who violates the pro- 
visions of this act, and any father, guardian or person having 
control of any child under the age of thirteen (13) years, who 
willingly permits or consents to the employment of such child 
without such certificate as is prescribed by section three of this 
act shall, for every offense, be fined in a sum not less than ten 
nor more than fifty dollars, for the use of public schools of the 
city or district in which such child resides. And every day of 
the employment of any such child shall be deemed a separate 
offense. 

Approved June 17, 1891. 



95 
WOMEN MAY VOTE AT SCHOOL ELECTIONS. 

5 1. Confers the right of suffrage upon I § 2. Sha'l be permitted to vote for school 

women 21 years of age and over who I ofiicers at any election. Ballots, at 

may vote at elections for school I general elections, to be put into 

officers. Registration. I separate boxes. 

An Act to entitle women to vote at any election held for the 
purpose of choosing' any officer under the general or special 
school laws of this State. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly : Any womau of the 
age of twenty-one years and upwards, belonging to either of 
the classes mentioned in article 7 of the constitution of the 
State of Illinois, who shall have resided in this State one year, 
in the county ninety days, and in the election district thirty 
days preceding any election held for the purpose of choosing 
any officer of schools under the general or special school laws 
of this State, shall be entitled to vote at such election in the 
school district of w^hich she shall at the time have been for 
thirty days a resident: Provided, any woman so desirous of 
voting at any such election shall have been registered in the 
same manner as is provided for the registration of male voters. 

§ 2. Whenever the election of public school officers shall occur 
at the same election at which other public officers are elected, 
the ballot offered by any woman entitled to vote under this act 
shall not contain the name of any person to be voted for at 
such election, except such officers of public schools, and such 
ballots shall all be deposited in a separate ballot-box, but can- 
vassed with other ballots cast for school officers at such election. 

Approved June 19, 1891. 



EXISTING INDEBTEDNESS. 

§ 1. Authorizes the directors of any school district, created by special act, the limits of 
which are co-extensive with a city, to assume and pay any existing indebtedness. 

An Act to allow directors of schools under special laws to as- 
sume and provide for indebtedness heretofore created by the 
authorities oi a city for school purposes. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That whenever any 
city in this State is by special law made a school district, or 
whenever any school district created by special law shall be co- 
terminous with any city, the directors of such district shall 
have the power, at the request of the city council, to assume 
and provide for, by borrowing and taxation, any indebtedness 
now existing, created by the authorities of the city for school 
purposes. 

Approved June 22, 1891. 



96^ 



COMPULSORY ATTENDANCE. 



§ 1. ReQuires that children feelween the 
ages of 7 and 14 years shall attend 
school at least 16 weeks in each year 
unless exempt. 

§ 2. Penalties for violation of this act. 



§ 3. Appointment of truant officers. Hear- 
ing of charges for non-attendance. 

§ 4. Recovery of Snes and penalties. 

§ 5. Penalties for evasion of this act. 



An Act concerning the education of children. 

Section 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly: That every person hav- 
ing control of any child between the ages of seven (7) and four- 
teen (14) years, shall annually cause such child to attend for at 
least sixteen (16) weeks, twelve weeks of which attendance shall 
be consecutive, some public or private day school : Provide d^ 
that this act shall not apply in any case where the child has 
been or is being otherwise instructed for a like period of time 
in the elementary branches of education, or whose physical or 
mental condition renders his or her attendance impracticable or 
inexpedient or who is excused for sufficient reasons by any 
competent court of record. 

§ 2. For every willful neglect of such duty as prescribed by 
section one (1) of this act, the person so offending shall forfeit 
to the use of the public schools of the city, town or district in 
which such child resides, a sum not less than one (fl) dollar 
nor more than twenty (|20) dollars, and costs of suit. 

§ 3. The board of education in cities, towns, villages and 
school districts, and the board of school directors in school dis- 
tricts may at their discretion appoint one or more proper per- 
sons, whose duty it shall be to report all violations of this act 
in writing to such board of education or board of directors, 
whose duty it shall be, when in their opinion the evidence ren- 
ders such action necessary, to notify in writing the parent or 
guardian that such complaint has been made, and if cause be 
not shown within five (5) days, to at unce proceed against the 
responsible person as is hereby provided. It shall also be the 
duty of said board of education in cities, towns, villages and 
school districts and boards of school directors in school dis- 
tricts, to appoint one of their number, who shall be a discreet 
and proper person, whose duty it shall be to hear excuses and 
reasons of parents or guardians for the non-attendance of 
children at school and to report in writing to said boards of 
education or boards of directors at the next regular or special 
meeting the names, ages and postoffice addresses of all persons 
prosecuted under the provisions of this act. The persons ap- 
pointed as such officers shall be entitled to such compensation 
for services under this act as shall be determined by the boards 
appointing them, and which compensation shall be paid out of 
the distributable school fund. 

§ 4. Any fine and penalty mentioned in this act may be sued 
for and recovered before any court of record or justice of the 



97 

peace of the proper county in the name of the People of the 
State of Illinois for the use of the public schools of the city, 
town, village or district in which said child resides. 

§ 5. Any person havino- control of a child, who, with intent 
to evade the provisions of this act, shall make a willful [Ij] false 
statement concernino- the age of such child or the time such 
•child has attended school, shall for such offense forfeit a sum of 
not less than |3 nor more than f-.O, for the use of public 
-schools for such city, town, village or district. 

Approved June 19, 1893. 



INSPICCTOliS ELECTED UNDER CERTAIN SPECIAL ACTS. 



Certain districts containing over 20,000 
and less than IuimKIO inhabitants, 
liavini^ special charters, tiiontrli 
divided for Uie election of scliool 
inspectors, are made undivided dis- 
tricts -^-itli added po er^ for tlie con- 
trol and maua^'ement of Schools. 



§ 2. Moneys raised by taxation, how drawn 

and applied. 
§ 3. Record of the proceedings of boards 

of inspectors. 
§ 4. Emergency. 



An Act extending the powers of boards of school inspectors 
elected under certain special acts. 

Section 1. B(\it enacted by the People of the State of Illi- 
nois, represpnted in the General Assembly : That in all cities in 
this State having over 20,000 and less than 100,000 inhabitants 
whose schools are now operated under special law, and where, 
by such special law, territory outside of the city limits is added 
to the territory within the city for school purposes, and_ where 
such school district or districts is not co-extensive with the 
:township in which such city is situated, and where, by such 
^special law, boards of school inspectors consisting of six mem- 
bers (three in each of two districts) are elected, the provisions 
•of any such special law dividing such territory into two districts 
shall be held to be only for the purpose of electing members of 
the board of school inspectors, and for all other purposes the 
territory in two such districts shall be held to be included in 
one school organization, and the board of school inspectors, in 
addition to •the ot^her powers given by such special law, and 
-general school laws, shall have power to employ teachers, 
■janitors and such other employes as such board shall deem 
necessary, and to fix the amount of their compensation ; to re- 
pair and to improve school houses and to furnish them with 
the necessary supplies, fixtures, apparatus, libraries and fuel, 
and it shalfbe the duty of such board to take the entire super- 
vision and control of the schools in such district or districts. 

§ 2. All money necessary for the purposes mentioned in section 
one of this act shall be raised as now provided by law, not to 
vexceed the amount by law limited, and shall be held by the 

-7 S. 



98 

treasurer as a special fund for school purposes, subject to the^ 
order of school inspectors, upon warrants to be countersigned 
by the mayor and city clerk. 

§ 3. The said board shall provide well bound books at the 
expense of the school tax fund, in which shall be kept a faithful 
record of all of its proceedings. The yeas and nays shall be 
taken and entered on the record of the proceedings of the board 
upon all questions involving the expenditure of money. 

§ 4. Whereas an emergency exists, therefore this act shall 
take effect and be in force from and after its passage. 

Appkoved June 19, 1893. 






99 



APPENDIX. 



[ContainiDg acts establishing State Normal Schools and providing for County Norma 

Schools.] 



ILLINOIS STATE NORMAL UNIYERSITY, NORMAL. 

An Act for the establishment and maintenance ot a Normal 

University. 

Section 1. Be it enacted by the People of the State oi Illi- 
nois, represented in the General Assembly: That C. B, Denio, of 
Jo Daviess county, Simeon Wright, of Lee county, Daniel Wil- 
kins, of McLean count}^ C. E. Hovey, of Peoria county, George 
P. Hex, of Pike' county, Samuel W. Moulton, of Shelby county, 
John Gillespie, of Jasper county, George Bunsen, of St. Clair 
county, Wesley Sloan, of Pope county, Ninian W. Edwards, of 
Sangamon county, John Eden, of Moultrie county, Flavel 
Mosley, of Cook county, William H. Wells, of Cook county, Al- 
bert K. Shannon, of White county, and the Superintendent of 
Public Instruction, ex-of^cio, with their associates, who shall be 
elected as herein provided, and their successors, are hereby cre- 
ated a body corporate and politic, to be styled "The Board of 
Education of the State of Illinois," and by that name and style 
shall have perpetual succession, and have power to contract and 
be contracted with, to sue and be sued, to plead and be im- 
pleaded, to acquire, hold and convey real and personal property; 
to have and use a common seal, and to alter the same at pleas- 
ure; to make and establish by-laws and alter or repeal the same 
as. they shall deem necessary*^ f or the government of the normal 
university hereby authorized to be established, or any of its de- 
partments, officers, students or employes, not in conflict with 
the constitution and laws of this State or of the United States; 
and to have and exercise all powders, and be subject to all duties 
usual and incident to trustees of corporations. 

§ 2. The Superintendent of Public Instruction, by virtue of his 
office, shall be a member and secretary of said board, and shall 
report to the legislature at its regular sessions the condition 



100 

and expenditures of said normal iiniversit}^ and communi- 
cate such further information as the said board of education or 
the legislature may direct. 

§ 3. No member of the board of education shall receive any 
compensation for attendance on the meetings of the board, ex- 
cept his necessary traveling expenses : which shall be paid in the 
same manner as the instructors employed in the said normal 
university shall be paid. At all the stated and other meetings 
of the board, called by the president or secretary, or any five 
members of the board, five members shall constitute a quorum, 
provided all shall have been duly notified. 

§ 4. The objects of the said normal university shall be to 
qualify teachers for the common schools of this State, by im- 
parting instruction in the art of teaching, and all branches of 
study which pertain to a common school education, in the ele- 
ments of the natural sciences, including agricultural chemistry, 
animal^ and vegetable physiology, in the fundamental laws of 
the United States and the State of Illinois, in regard to the 
rights and duties of citizens, and such other studies as the 
board of education may, from time to time, prescribe. 

§ 5. The board of education shall hold its first meeting at 
the office of the Superintendent of Public Instruction, on the 
first Tuesday in May next, at which meeting they shall appoint 
an agent, fixing his compensation, who shall visit the cities, 
villages and other places in the State, which maj^ ,be deemed 
eligible for the purpose, to receive donations and proposals for 
the establishment and maintenance of the normal university. 
The board shall have power and it shall be their duty to fix" 
the permanent location of said normal university, at the place 
where the most favorable inducements are offered for that pur- 
pose: Provided, that such location shall not be difficult of 
access, or detrimental to the welfare and prosperity of said 
normal university. 

§ 6. The board of education shall appoint a principal, lecturer 
on scientific subjects, instructors and instructresses, together 
with such other officers as shall be required in the said normal 
university, fix their respective salaries and prescribe their several 
duties. They sha.ll also have power to remove any of them for 
proper cause, after having given ten days' notice of any charge, 
which may be duh^ presented, and reasonable opportunity for 
defense. They shall also prescribe the text books, apparatus 
and furniture to be used in the university, and provide the 
same; and shall make all regulations necessary for its manage- 
ment. And the board shall have power to recognize auxiliary 
institutions when deemed practicable: Provided, that such 
auxiliary institutions shall not receive any appropriation from- 
the treasury, or the seminary or university fund. 

§ 7. Each county in the State shall be entitled to gratui- 
tous instruction for *one^ pupil in said normal university; and 

* Made two by act approved Feb.v4, 1861 




loi 

each representative district shall be entitled to g,"ratuitous in- 
struction for a number of pupils equal to the number of repre- 
sentatives in said district, to be chosen in the following manner : 
The school comnjissioner [county superintendent] in each county 
shall receive and register the names of all applicants for admis- 
sion in said normal university, and shall present the same to 
the county court, or, in counties acting undei' township organi- 
zation, to the board of supervisors, which said county court or 
board of supervisors, as the case may be, shall, together with 
the county commissioner, examine all applicants so presented, 
in such a manner as the board of education may direct, and 
from the number of such as shall be found to possess the requi- 
site qualifications, such pupils shall be selected by lot: and in 
representative districts composed of more than one county, the 
school commissioner and the county judge, or the school com- 
missioner and chairman of the board of supervisors, in counties 
acting under township organization, as the case may be, of the 
several counties composing such representative district, shall 
meet at the clerk's office of the county court of the oldest 
county, and from the applicants so presented to the county 
court, or board of supervisors, of the several counties repre- 
sented, and found to possess the requisite qualifications, shall 
select by lot the nurtiber of pupils to which said district is en- 
titled. The board of education shall have the discretionary 
power, if any candidate does not sign and file with the secre- 
tary of the board a declaration that he or she shall teach in 
the public schools within the Ktate, in case that engagements 
can be secured by reasonable efforts, to require such candidate 
to pi ovide for the payment of such fees for tuition as the board 
may prescribe. 

§ 8. Tiie interest of the university and seminary fund, or such 
part thereof as may be found necessarj'', shall be and is hereby 
appropriated for the maintenance of said normal university, and 
shall be paid on the order of the board of education from the 
treasury of the State; but in no case shall any part of the in- 
terest of said fund be applied to the purchase of sites, or for 
buildings for said university. 

§ 9. The board shall have power to appropriate the one 
thousand dollars received from the Messrs. Merriam, of Spring- 
field, Massachusetts, by the late Superintendent, to the purchase 
of apparatus for the use of the normal university, when estab- 
lished, and hereafter, all gifts, grants and demises which may be 
made to the said normal university shall be applied in accord- 
ance with the wishes of the donors of the same. 

§ 10. The board of corporators herein named, and their suc- 
cessors, shall each of them hold their office for the term of six 
years: ProvifJed, that at the first meeting of said board, the 
said corporators shall determine by lot. so that one-third shall 
hold their office for two years, one-third for four .years and one- 
third for six years. Ihe Governor, by and with the advice and 



102 

consent of the Senate, shall fill all vacancies which shall at any 
time occur in said board, by appointment of suitable persons 
to fill the same. 

§ 11. At the first meeting of the board, and at each biennial 
meeting thereafter, it shall be the duty of said board to elect 
one of their number president, who shall serve until the next 
biennial meeting of the board, and until his successor is elected. 

§ 12. At each biennial meeting it shall be the duty of the 
board to appoint a treasurer, who shall not be a member of 
the board, and who shall give bond with such security as the 
board may direct, conditioned for the faithful discharge of the 
duties of his ofiice. 

§ 13. This act shall take effect on and after its passage, and 
be published and distributed as an appendix to the school law. 

Approved February 18, 1857, 



SOUTHERN IIjLTNOIS NORMAL UNIVERSITY, CARBONDALE. 

An Act to establish and maintain the Southern Illinois Noimal 

University. 

Section 1. Be it enacted by the People oi the State of Illi- 
nois, represented in the General Assembly: That a body politic 
and corporate is hereby created, by the name of the Southern 
Illinois Normal University, to have perpetual succession, with 
power to contract and be contracted with, to sue and be sued, 
to plead and be impleaded, to receive, by any legal mode of 
transfer or conveyance, property of any description, and to have, 
hold and enjoy the same, with the rents and profits thereof, 
and to sell and convey the same ; also, to make and use a cor- 
porate seal with power to break or change tlie same, and to 
adopt by-laws, rules and regulations for the government of its 
members, officers, agents and employes: Provided, such by-laws 
shall not confiict with the constitution of the United States or 
of this State. 

§ 2. The objects of the said Southern Illinois Normal Univer- 
sity shall be to qualify teachers for the common schools of this 
State. by imparting instruction in the art of teaching in all 
branches of study which pertain to a common school education, 
in the elements of the natural sciences, including agricultural 
chemistry, animal and vegetable physiology, in the fundamental 
laws of the United States, and of the State of Illinois, in regard 
to the rights and duties of citizens, and such other studies as 
the board of education may, from time to time, prescribe. 

§ 3. The powers of the said corporation shall be vested in 
and its duties performed by a board of trustees, not exceeding 
five in number, to be appointed as hereinafter provided. 



103 

§ 4. Upon the passag*e of this act the Governor shall nom- 
inate and, by and with the advice of the Senate, appoint five 
•citizens of the State as trustees of said institution, two of whom 
shall serve for two years, and three for four years, and until 
their successors are appointed and enter on duty, and succes- 
-sors in each class shall be appointed in like manner for four 
years: Provided, that in case of a vacancy by death or other- 
wise, the Governor shall appoint a successor for the remainder 
of the term vacated: Provided, that not more than two mem- 
bers of said board shall be residents of any one county. 

§ 5. The said trustees shall hold their first meeting at Cen- 
tralia, within one month after the passage of this act, at which 
meeting they shall elect one of their body as president and an- 
other as secretary; and cause a regular record to be made and 
kept of all their proceedings. The said board shall also, when- 
ever his services shall be required, appoint a treasurer, not a 
member of the board, who shall give bonds to the People of the 
State of Illinois in double the amount of the largest sum likely 
to come into his hands, the penalty to be fixed by the board, 
-conditioned for the faithful discharge of his duties as treasurer, 
with two or more securities ; the treasurer may also be required 
to execute bonds from time to time as the board may direct. 

§ 6. The treasurer shall keep an accurate account of all 
moneys received and paid out; the account for articles and sup- 
plies of every kind purchased shall be kept and reported, so as 
to show the kind, quantity and cost thereof. 

§ 7. No member, officer, agent or employe of the board shall 
be a party to or interested in any contract for materials, sup- 
plies or services other than such as pertain to their positions 
and duties. 

§ 8. Accounts of this institution shall be stated and settled 
annually with the Auditor of Public Accounts, or with such per- 
son or persons as ^ay be designated by law for that purpose. 
And the trustees shall, ten days previous to each regular ses- 
sion of the general assembl3^ submit to the Governor a report 
of all their actions and proceedings in the execution of their 
trust, with a statement of all accounts connected therewith, to 
be by the Governor laid before the general assembly. 

§ 9. The said board shall meet quarterly at such places or 
place as may be agreed on, and, until the buildings are com- 
pleted, as much oftener as may l3e necessary ; and thereafter the 
meetings shall be at the university. 

§ 10. The trustees shall, as soon as practicable, advertise for 
proposals from localities desiring to secure the location of said 
normal university, and shall receive, for not less than three 
months from the date of their first advertisement, proposals for 
points situated as hereinafter mentioned, to donate lands, build- 
ings, bonds, moneys, or other valuable consideration, to the 
State in aid of the' foundation and support of said university; 
and shall, at a time previously fixed by advertisement, open 



104 

and examine such proposals, and locate the institution at such; 
point as shall, all things considered, offer the most advanta- 
geous conditions. The land shall be selected south of the rail- 
road, or within six miles north of said road, passing from !-t. 
Louis to Terre Haute, known as the Alton and Terre Haute 
railroad, with a view of obtaining a good supply of water and 
other conveniences for the use of the institution. 

§ 11. Upon the selection and securing of the land aforesaid 
the trustees shall proceed to contract for the erection of build- 
ings in which to furnish educational facilities for such number 
of students as hereinafter provided for, together with the out- 
houses required for use, also for the improvement of the land 
so as to make it available for the use of the institution. The 
buildings shall not be more than two stories in height, and be 
constructed upon the most approved plan for use, shall front to 
the east, and shall be of sufficient capacity to accommodate 
not exceeding three hundred students, with the officers and nec- 
essary attendants. The outside walls to be of hewn stone or 
brick, partition walls of brick, roofs of slate, and the whole 
buildings made fire-proof, and so constructed as to be warmed 
in the most healthy and economical manner, with ample venti- 
lation in all its parts. The out-houses shall be so placed and 
constructed as to avoid all danger to the main buildings from 
fire originating in any one of them. The board shall "appoint 
an honest, competent superintendent of the buildings and im- 
provements aforesaid, w^hose duty it shall be to be always 
present during the progress of the work, and see that every 
stone, brick and piece of timber used is sound and properly 
placed, and whose right it shall be to require contractors and 
their emplo.yes to conform to his directions in executing their 
contracts: Provided, however, that said board of trustees may 
appoint any one of their number such superintendent: And pro- 
vided, further, that the buildings aforesaid may be erected and 
improvements made under the direction of the board and its 
superintendent, without letting the same to contractors. 

§ 12. The said board of trustees shall appoint instructors 
and instructresses, together with such other officers as may h& 
required in the said normal university, fix their respective sal- 
aries and prescribe their several duties. They shall also have 
power to remove any of them for proper cause after having 
given ten days' notice of any charge which may be duly pre- 
sented, and reasonable opportunity of defense. They shall also 
prescribe the text-books, apparatus and furniture to be used in 
the university and provide the same, and shall make all regula- 
tions necessary for its management. 

§ 13. All the counties shall be entitled to gratuitous instruc- 
tions for two pupils for each county in said normal university^ 
and each representative district shall be entitled to gratuitous in- 
struction for a number of pupils equal to the number of repre- 
sentatives in said district, to be chosen in the following manner:. 



105 

The superintendent of schools in each county shall receive- 
and register the names of all app icants for admission in said 
normal university, and shall present the same to the county 
court, or, in counties actino' under township organization, to 
the board of supervisors, which said county court or board of 
supervisors, as the case may be, shall, together with the super- 
intendent of schools, examine all applicants so presented, in 
such manner as the board of trustees may direct; and from the 
number of such as shall be found to possess the requisite quali- 
fications, !>uch pupils shall be selected by lot, and in represent- 
ative districts composed of more than one county, the superin- 
tendent of schools and county judge or the superintendent of 
schools and chairman of the board of supervisors in counties 
acting under township organ zation, as the case may be, of the 
several counties composing such representative district, shall 
meet at the clerk's office of the county court of the oldest 
county, and from the applicants so presented to the county 
court or board of supervisors of the several counties represented,. 
and found to possess the requisite qualifications, shall select by 
lot the number of pupils to which said district is entitled. The 
board of trustees shall have discretionary power, if any candi- 
date does not sign and file with the secretary' of the board a 
declaration that he or she will teach in the public schools 
within the State not less than three years, in case that engage- 
ments can be secured by reasonable efforts, to requii-e [the] 
candidate to provide for the payment of such fees for tuition as 
the board may prescribe. 

§ 14. To enable the board of trustees to erect the buildings 
and make the improvements preparatory to the reception of 
pupils in said institution, and to supply the necessary furniture 
for the same, the sum of seventy-five thousand dollars is hereby 
appropriated out of the state treasury, payable on the orders 
of said board, as required for use, in sums not exceeding ten 
thousand dollars yjer month. The first payment to be made on 
the first day of June next, and subsequent payments monthly 
thereafter, but each successive order for subsequent payments 
shall be accompanied by an account sustained by vouchers, 
showing, to the satisfaction of the Auditor, the expenditure of 
the previous payment. 

§ 15. The expense of building, improving, repairing and sup- 
plying fuel and furniture, and the salaries or compensation of 
the trustees, superintendent, assistants, agents and employes, 
shall be a charge upon the State Treasuiy; all other expenses 
shall be chargeable against pupils, and the trustees shall regu- 
late the charges accordingly. 

§ 10. If the buildings and improvements herein provided for 
shall be ready for the reception of pupils before the next regular 
session of the General Assembly, the Governor is authorized to 
make orders on the Auditor, directing him to issue warrants at 



106 

the end of each quarter of the fiscal year for amounts sufficient 
to pay the expenses chargeable against the state, and the 
Auditor shall issue warrants accordingly, which shall be paid by 
the Treasurer. 

§ 17. Trustees of this institution shall receive their per- 
sonal and traveling expenses, and the Auditor is hereby author- 
ized to issue his warrants quarterly, upon taking the affidavit 
of the trustees as to the actual time employed, and their per- 
sonal and travehng expenses. 

§ 18. This act shall take effect and be in force from and after 
its passage. 

Approved March 9, 1869. 



COUNTY NORMAL SCHOOLS. 

An act to enable counties to establish County Normal Schools. 

Section 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That in each county 
adopting township organization, the board of supervisors, and 
in other counties the county court, may establish a county nor- 
mal school for the purpose of fitting teachers for the common 
schools. That they shall be authorized to levy taxes and ap- 
propriate moneys for the support of said schools, and also for 
the jDurchase of necessary grounds and buildings, furniture, ap- 
paratus, etc, and to hold and acquire, b,y gift or purchase, either 
■from individuals or corporations, any real estate, buildings or 
other property, for the use of said schools, said taxes to be 
levied and collected as all other county taxes; Provided, that 
in counties not under township organization, county courts shall 
not be authorized to proceed under the provisions of this act 
until the subject shall, have been submitted to a vote of the 
people, at a general election, and it shall appear that a major- 
ity of all the votes cast on the subject, at said election, shall 
be in favor of the establishment of a county normal school. 
The' ballots used in voting on this subject may read "For a 
county normal school," or "Against a county normal school." 

§ 2. The management and control of said school shall be in a 
county board of education, consisting of not less than five or 
more than eight persons, of which board the chairman of the 
board of supervisors or the judge of the county court as the case 
may be, and the county superintendent of schools, shall be ex 
officio, members. The other members shall be chosen by the 
board of supervisors or county court, and shall hold their offices 
for the term of three years. But at the first election one-third 
shall be chosen for one year, one-third for two years, and one 
third for three years, and thereafter one-third shall be elected 



107 

■aunually. Said election sliall be held at the annual meeting of 
the board of supervisors in September, or at the September term 
of the country court, as the case may be. 

§ 3. Said board of education shall have power to hire teach- 
ers, and to make and enforce all needful rules and reo-ulations 
• for the management of said schools. A majority of said board 
:shall constitute a quorum for the transaction of business, and 
a meeting of said board may be called at any time by the 
president or secretary, or by any three of the members thereof. 
Said board shall proceed to organize, within twenty days after 
their appointment, by electing a president, who sha^ll hold his 
office for one year, and until his successor shall be appointed. 
The county superintendent shall be, ex officio, secretary of the 
board. Said board shall make to the board of supervisors, at 
their annual meeting in September, or to the county court at 
the September term, as the case may be, a full report of the 
condition and expenditures of said county normal school, to- 
gether with an estimate of the expenses of said school for the 
ensuing year. 

§ 4. Two or more counties may unite in establishing a normal 
school, in which case the per cent; of tax levied for the support 
of said school shall be the same in each county. 

§ 5. In all counties that have already established normal 
schools, the action of the board of supervisors in so doing, and 
all appropriations made by them for their support, are hereby 
legalized; and said board of supervisors are hereby authorized 
and empowered to make further appropriations for the support 
of such schools already established, until such schools shall have 
been established under the previous sections of this act. 

§ 6. No member of the aforesaid county board of education 
^ shall be entitled to compensation for services rendered as a mem- 
!< ber of such board. 

§ 7. This act shall be in force from and after its passage. 

Approved March 15. 1869. 



109 



I N DEX 



Page. 
Accounts of county superintendent, how 

kept Il 

of township treasuei-, examined by 

county superintendent 10 

same, how kept 33 

same, subject to inspection 31 

of towBship treasurer with school 

districts 37 

same, semi-annual statement of 37 

Actions, civil— 

against collector of taxes 11,64 

agaiu'-t county board 70 

against persons failing to pay over 

fines and forfeitures 81 

against purchaser of school lands. .. . 77 

against school offlcers 83,84 

against township treasurer 39,83 

against township trustees.. 13, 18, 30, 83, 84 
against trespassers on school lands. . 75 

to recover interest 36 

to recover on mortgages 36 

to recover on notes, etc, belonging 

to the school fund 34,36 

Actions, criminal— 

against school officers 84 

against persons preventing colored 

children from attending school 86 

against, trespassers on school lands.. 75 

Acts, offli'ial, to be recorded 19,42,51 

repealed 88 

spec al, maybe relinquished 31 

Administrators to give preference to 

debts due the school fund 36 

Advertisf^mens ot sale of school houses 

or site 21 

of sale of school lands 22,76 

Advice given to school officers by State 

Bupenntendent 5 

to school officers and tn'achers by 

county superintendents 10 

Age of persons enumerated in school 

census 20 

in statistics of illiteracy 20 

of school children 43 

taken as basis of apportionment of 

funds 13,19,71 

Apparatus, school may be purchased 45 

mav not be sold by school teacher or 

officer 7, 43, 85 ' 

Appeal from county superintendent to 

tstate Superintendent 14 

from trustees to county superinten- 

d*^nt 2o,27 

Apportionmentof funds by Auditor 71 

by county superintendent 13 

by township trustees 19 

Appraisal and distribution of district 
property, when a new district is 

formed 29,30 

of school lands 76 



A 1- . . , Page. 

Appraisers, how appointed 30 

Assessor to note number of districts, in 

assessing personal propertv 63 

Assistant of county superintendent 8 

his compensation 9 

Attachment, writ of. etc '"' 34 

Attorneys, State's, duties of, with regard 

to liens and forfeitures 80 

Auditor. State, to apportion public funds 71 
to withhold funds at request of State 

Superintendent 6 

to file transcript of land sales 78 

to issue patents for school lands , 78 

to issue warrant for pay of county 

superintendent 9. 69 

when patents are lost to issue dupli- 
cates 79 

Board of directors 40 

Board of Education of the State of Illi- 
nois, the 5, 99 

Board of Education of the township— See 
"Township Board of Education." 

Board of Education 48 

appointed when 52, 90 

elected when 48,92 

funds withheld from 87 

in cities of 1, 0, powers and duties of 50 
in cities of 100,000, powers and duties 

. of. 53 

m cities with special school charters 92 

term of office of 48. 90 

to make reports 51 

to aripoint a truant officer to enforce 

compulsory law S|6 

Bond- 
official, county superintendent's 7 

approval of 7 

custodian of 8 

form of 7,8 

insufficiency of 8 

State Superintendent's, approval of. . 3 

custodian of 3 

township treasurei's. approved by 

county suoerintendent 13 

same, by trustees 32 

custo lian of 13 

form of 33 

insufficieijcy of 13 

same, trustees liabif* for 84 

Bonded debt, how disposed of in case of 

change of distriot lines 28 

Bonds (J4 

original issue of. 65 

same, amount limited 65 

same, registry of 65 

refunding without registration with 

Auditor 66 

vote of people for the issue neoes.sary 65 



110 



Books. See "Text books." Page. 
Boundaries.district. See "District boun- 
daries." 
Branches of study determined by direct- 
ors 44,53,54,57 

by voters 57 

See also "Teacher's certificate." 



Census of children under 21 taken by 

county superintendent 12, 13 

by directors 42 

by trustees 20 

State basis of apportionment by 

Auditor, 71 

Certificate of amount of tax due each 

district 62 

of tax levy 62 

how made when district lies in two 

or more counties 62 

Certificate of licensure, teachers 54,56 

age of applicants 57 

essential that the teacher have one 
good for the entire term of his con- 
tract 44,57 

issued by county superintendents... 56 

same, examinations for 56 

same, form of 57 

same, fee for 57 

same, grades of 56 

same, qualifications for 56 

same, record of 57 

same, renewal of 57 

same, revocation of 56 

issued by State Superintendent 56 

same, examination for 56 

same, revocation of 56 

Certificate of purchase. See "Common 
school lands." 

Changes of text books 44 

Charitable institutions. State educa- 
tional, visited by State Superin- 
tendent 5 

to make report 6 

Children, all to receive a good common 

school education 1, 43 

secured the right to instruction in 
the branches of an elementary edu- 
cation 96 

colored, rights of in public schools... 86 

illiterate, number of reported 4, 20 

number of in public schools, re- 
ported 4, 20, 42 

number of under 21, basis of appor- 
tionment 13, 19, 71 

number of under 21, reported 4,20,42 

penalty for employing,when under 13 94 

penalty for failure to report 84 

penalty for false report ; 84 

under 13, unlawful to hire 94 

Churches to receive no appropriation 

from school fund , 85 

Cities and towns— 

of 1,000 inhabitants 49 

of 100,000 inhabitants 52 

to forfeit funds, when 87 

with special charters 51,52,87 

same, modified 61.87, 90, 91 

Clerk of board of directors, appointed... 42 

compensation of 45 

to enter treasurer's exhibit on rec- 
ords 38 

to keep a record 42 

same, to submit to treasurer 42 

to post exhibit of treasurer at annual 

election 44 

to report to township treasurer 42 

board of Trustees. See "Township 
treasurer." 
Clerks of courts of record to report and 

pay over fines and forfeitures 80 

Collectors of taxes — 

liability of, for non-payment of dis- 
trict taxes collected 64 



Collectors of taxes— Page. 
to give notice to directors and trus- 
tees 86, 87 

to pay amount of Auditor's warrant 

to county superintendent 71 

to pay amount of district taxes col- 
lected to township treasurer 63 

to state to township treasurer 
amount of district taxes uncollected 64 

Colleges, etc., to report 87 

Colored chiMren in public schools 86 

Common school lands— (16th section) 74 

business with regard thereto, where 

transacted 74 

certificate of purchase of 78 

same, filed with county superintend- 
ent 78,79 

same, duplicate of 79 

patents, conveying title to 78^ 

same, duplicates 79 

payment to secure purchase 77 

same, failure to make 77 

rental of 74 

right of way over, granted 75 

sale of 75 

same, advertisement of 76,77 

. same, at private sale 78 

same, made by county superintend- 
ent 7S 

same, manner of . . .- 78 

same, petition for 75 

same , in fractional townships 75 

same, notice of, given trustees 76 

same, place of 77 

same, terms of 77 

sale of, at subsequent time 78 

statement of sales of. to county board 78 

same, examined and recorded 78 

same, transcript of, filed with Auditor 78 
trustees to divide into lots and plat.., 76' 

to value lots , 76- 

to re-value lots 7& 

See also "Real estate." 

Compensation of school officers 88 

of assistants of county superintend- 
ent 9 

of clerk of board of directors 45 

of county superintendent 9 

of township treasurer 49 

Compulsory attendance 96 

Condemnation of land for school site... . 46 
Consolidation of districts. See "District 
boundaries." 
of townships . See "Township . " 
Constitution of Illinois, 1870. Art. V. Sec. 

1, and Art. VIII of 1 

Contracts made by boards of trustees 
and drectors, members not to be 

Interested in 43, 85- 

made with teachers, conditions of, 

validity of 55, 56 

Control of school houses 45 

Controversies arising under school law. 14 
appeal of, to State Superintendent.. 5 
Conveyance of real estate by county su- 
perintendent 11 ,79 

by trustees 22, 76 

to cities in trust 55 

Corporation, board of education, a 49 

iioard of directors, a 4& 

board of trustees, a 15 

not to make sectarian grants 1,85 

Costs not chargeable to school officers. 

when 86 

County board 69 

bills of county superintendent to be 

audited by 9,70 

bond of county superintendent ap- 
proved by 7 

examination of report of land sales 

by 9,70 

liability of, for failure to make exam- 
ination 70,71 



Ill 



County board— Page. 
may require new bond of county su- 
perintendent 69 

must furnish office and supplies 70 

removal of county superintendent by 69 
vacancy in office of county superin- 
tendent 70 

County cleric 67 

election of trustees, ordered by 16 

list of trusteees furnished county su- 
perintendent by 18,67 

map of township, filed by 27 

tax-payers, list of, filed by 27,67 

to compute district taxes 68 

to certify to same to township treas- 
urers 68 

to record statement of land sales 69 

to transmit county superintendent's 

bill to State Auditor 69 

County fund- 
consists of what 71 

loaned by county superintendent 14 

County superintendent of schools 7 

accounts of township treasurer, ex- 
amined by 10 

adviser of school teachers and officers 10 
appeal from, to State Superintendent 14 

appeal to, from action of trustees 10 

apportionment of funds by 13 

same, of interest on county fund 13 

assistant of 8 

bond of 7 

bond of township treasurer, ap- 
proved and held by 13 

may demand that same be increased 33 

certificate, teacher's, may grant 10,56 

same, may renew or revoke 11,56 

same, to make record of 10, 57 

compensation of 8, 9 

controversies under school law, re- 
ferred to 14 

county funds, loaned by 13 

directors, may order election of 41 

same, may remove' 11,47 

election of 7 

examination of teachers, to make. ..10,56 
examination of treasurer's accounts, 

etc., to make . 10 

fines and forfeitures, duties of, con- 
cerning 13, 80 

funds, withheld by 13.87 

may be chosen 2 

notes, etc., taken by , 14 

oath of office, taken by 7 

oflfic e f or 8 

office turned over to succesor by 14 

aualifleations of 2 

real estate, may sell and convey, and 

lease 11,79 

records, kept by 11 

removal of, by county board 69 

report of, to county board 11, 78 

same, to State Superintendent 12 

same, to trustees, on treasurer's ac- 
counts, etc 10 

sale of common school lands by. See 
"Common school lands." 

schools visited by.: 9 

statistics of townships, may make up. 12 
same, cost of may collect from trus- 
tees 13 

supplies for 8 

teachers examined by 10,56 

teachers' institutes conducted by. ..10,58 
treasurer's accounts examined by. .. 10 
treasurer's bonds approved and held 

by 13 

trustees, election of, ordered by 10 

vacancy in office of, how filled 8 

County treasurer to give notice to direct- 
ors and trustees 86 



Page, 
Debt, bonded, how disposed of incase of 

change of district lines 28 

Debts of old district to be deducted 30 

due school funds, preferred claims., 36 
same, may be compromised by trus- 
tees 22' 

Default in payment of loans or interest 

thereon 36- 

penalty for s-ame 36 

Demands against school officers, lien for, 

upon real estate 84 

Diploma of county normal school some- 
times Qualification for first grade 

certificate 56> 

Directors of schools, a body politic and 

corporate 40 

boards of, elected 40 

apparatus purchased by. when 45 

Directors of schools- 
bonds Issued by 46,64 

bonds refunded by 6& 

branches of study prescribed by 44,54 

certificate of tax levy made by 62: 

same, when to return 62 

same, when district is in two or more 

counties 62 

clerk of, see "Clerk." 

dismissal of teacher 45- 

duties, of with regard to the schools 43,45. 

election of 40- 

same, notices of 41 

same, ordered by county superin- 
tendent 41 

same, ordered by township treasurer 41 

election ( if, on Saturday 41 

same, postponed 41 

elections to choose school site, etc.. 

called by 46,65- 

exclusion of colored children from 

schools by, prohibited 8te 

exhibit by township treasurer to 37 

same, posted by, at annual election.. 3S 
interest in contract made by the 

board, prohibited to 45 

same, in sales of books, etc., used in 

the district, prohibited to 2,43,85 

interest on teachers' orders, to pay 

when 38, 61 

judges of district elections 41 

judgments and executions against. . . 8S 

for conversion of school fund 84 

for failure to discharge duties of 

office 83,84,8r> 

for failure to make returns, or for 
rtaking false returns of statistics 84 

for loss of school funds 85. 

for perversion of school funds to 

sectarian purposes 85- 

to district... 8a 

liable 46,47,83,84,85 

libraries and apparatus purchased 

by, when 45 

may assume indebtedness created 

for district 95 

may borrow money, when 65 

may compensate clerk 45- 

may not be trustees 40 

meeting of 42 

names of teachers reported to county 

superintendent by 43- 

non-residence of members of, con- 
stitutes vacancy 40 

official business of, how transacted. . 42 

orders drawn by 44,46,47 

same, may not be drawn when 44,46 

organization 42 

poil-book, returned by 42 

power of, to tax 61,62 

same, limitations 62,64,65 

powers of limited 62 



112 



Directors of sr-hools— Page. 

president of board 42 

property of district, personal, sale of, 

by 45 

pupils transferred by 47 

same, amount due on account of, col- 
lected by 47 

qualifications of 40 

quorum of 42 

records kept by 42 

records, submitted to tieasurer 42 

removal of 47 

reports to treasurer 42 

schedules, certified by 44, 60 

same, delivered to township treas- 

ui er by 44 

same, delivery of limited 44 

same, receipted for 60 

schedules, separate, delivered by 

when 47,69 

school house controlled by 45 

same, -.ise of for meeting^^ granted by 45 
school house site, located by, when.. 43 

l^achers. employment of. by 43 

same, how limiied 44,57 

teachiTS. pavment of, by 44 

«ame, how limited 44 

term of offiue 41 

tie at elei;tion of 41 

to notify c'Mlectcr of ta.^es to whom 
to pay th'> money belonging to a 

un oa dis: riot 43, M 

transfer of pu[iils by 47 

truan' ofBcer appoi ted by 96 

vacancy in ofBce of, how filled 41 

■women may be elected 40,8fi 

District, houudaries of, how change- '...25, 52 

township a for hiyh school 23,24 

Districting of newly organized township 25 

Districts changes of 25 

dissolved, when 30 

divided by county lines, taxation in.. 62 

•elect ions in 2S, 42, 48 

election? to vote on change 25 

formation of 25 

funds of, held by township treasurer 22 
indebteilness created for, may be as- 
sumed 95 

list of taxpayers in. to be filed 27 

maps of, made and filed 27 

property 01, held by trustees 21 

same, when divided 30 

taxes of. See "Taxes." 

with 1,0011 inhabitants 48 

with liM), 000 inhabitants 52 

See "Union Disiiicts." 

Division of property of a di- triet 30 

Donations, etc., for school purposes 1,21 

same, for sectarian purposes, pro- 
hibited 1, 85 



Education, good common school, to be 

affodedall chil.iien 1 

elementary secured to children 9tj 

Eifecis of alcohol and narcotics 91 

Elections. See "State Superin endent;" 
"County Superintendent;" "Direct- 
ors of Schools;" " township Trus- 
tees;" "Boards of Education." 
to purchase, move or build a school 

house 46 

Eligibility to otflce, to board of educa- 
tion 53 

to board of dire'ors 40 

to board of trustees 16 

to township treasurership 19 

Eligihility of women to otH.ce un.ler 

school laws 40, 86 

Enumeration of children. See "Census." 
separate, made when 20 



Page. 
Examination of books, accounts, etc. of 
eoanty superintendent by county 

board 12, 70 

of directors by township treasurer... 42 
of treasurer by county superintend- 
ent 10 

same, by trustees 21 

Examination ot teachers by county su- 

peiin endent 10,56 

for State certiScates 5,56 

Execution issued against directors and 

trustees 88 

Executors to give prefereiice to school 

debts 36 

Exemption from road labor and military 

duty 88 

Expulsion of piipi is by directors , 45 

False returns of children 84 

Fines. See "Penalties." 

Fines and forfeitures 80 

Forfeiture of funds by townships 20 

same, may be remitted 20 

Form of bond of county superintendent. 7 

of bond of township treasurer 33 

of notice to districts affected by 

changes proposed 26 

of mortgage 35 

oford^^rsby directors 47 

of register 59 

of schedule and certificates thereto. . 60 

of school orders 47, 73 

of tax certiicate-^ 62 

of teachei 's certificates and record. .. 67 
of treasurer's record of notes 34 

Fractional townships. See "Townships 
Fractional." 

Free schools established 1 

Fund, school, county, consits of what 72 

interest on distributed 13,72 

principal of, loaned 14 

real estate tielonging to 79 

Fun' 1, school. State, consists of what 71 

distributed 71 

Funds, school, township, consist of 

ofwiiat 72 

interest distributed 72 

prineipa' loaned 34,72 

real estate belonging to 21,72 

Funds. See "Apportionment of funds." 

forfeiture of 20 

withheld by county superintendent. 13,87 
same, by order of State Superintend- 
ent 6 

Funds, school district, custodian of 22 

how paid out 73 

surplus loaned 35 

union district's collected in one 
treasurer's hands — 43,64 

Furniture, school, sale of by school 

officers prohibited 2,85 

purchase of 62 

General Assembly to establish free 
.schools 1 

Governor to approve State Superintend- 
ent's bond 3 

Graduates of county normal schools 56 

High school, township. See "Township 

high school" 
Holidays 61 

Illinois State Normal University 99 

Illiteracy, report of 4,20 

Imprisonment of school officers 84, 85 



113 



Pagb. 

Indebtedness, created for certain dis- 
tricts may be assumed by directors 95 

previous, tax to pay, not limited ._ 62 

refunded 66,67 

Indictment of school officers 84, 85 

of trespasser 75 

Informer to receive ha f 75 

Institutes, superintendents to assist in.10.58 

fees for 58 

teachers may attend without deduc- 
tion of wages 58 

Institutions of learning to report 87 

Insurance of improvements on real es- 
tate loans 36 

Interest, action to recover 37 

added to principal 37, 72,73 

distilbuted 37,72 

on.teacher's orders unpaid 61 

same, how stopped 61 

penalty for default in payment of — 36 

rates on bonds 65, 67 

rates on loans 34 

State to pay 71 

Judges of elections of directors 41 

delivery of poll-book by 42 

Judges of elections of trustees 16 

delivery of poll-boot by 18 

Judgments again t school officers 88 

against purchasers of school lands.. 77 

Justices, duties of, concerning fines and. 

forfeitures 80 



Lands. See "Common School Lands," 
and "Heal Estate." 

Levy of taxes. See "Taxes." 

Liability of school officers 82 

Libraries, school, provisions for 45,50 

Lien on real estate of school officers 

from date of i-suing process 84 

Limit of indebtedness, bonds, etc 65,67 

of taxation 62,65 

Loans of county funds 14 

of distilct funds, surplus 35 

of township fund 34,35 

Loss of funds, liability for 85 

Mandamus, writ of 88 

Map of township 39 

filed in twenty days by township 

treasurer 39 

Meetings, of directors 42 

of trustees 19 

in school houses 45 

Miscellaneous 86 

Month, school 61 

Mortgages- 
form for 35 

in name of county superintendent.. 14, .34 
in name of trustees 22,34 

Normal schools, county, act establishing 106 

State, acts estabUshing 99,102 

Notes, etc., in name ot county superin- 
tendent 14 

same, examined by county board "o 

in name of trustees 34 

same, examined by county superin- 
tendent 10 

by trustees 21 

same, list of given county superin- 
tendent, annual y 35 

Kotice of elections, district 29,41,49,65 

same, township 16, 17, 23 

same, city, etc.. to organize under 

general law, school 52,93 

of examinations of teachers by 
county superintendent 57 

-8 S. 



Page. 
Notice of examination of teachers— 

by State Superintendent 56 

of sale of common school lands "6 

of sale of real estate 2L 

Oath, official, county superintendent's.. 7 
State Superintendent's 3 

Office of county superintendent 8 

Office of State Sunerintendent, waere 

kept , 4 

Office supplies 8 

Officers, school, exempt from road labor 

and military duty 88 

liabilities of. See "Penalties." 

lien on real estate of 84 

to receive a Iviee 4,10 

Orders, school, form of 47,73 

when against uncollected taxes 46 

teachers, subs' ance of 61, 73 

same, draw interest, when 61 

same, to be drawn when 61 

treasurer^ to file Ti 

Organization of board of directors 42 

of board of trustees 19 

of cities, etc.. under generallaw 48,52 



Parents must send children to school. .. 96 
Patents issued to purchasers of school 

lands 78,79 

same, duplicates of 79 

Penalties, who subject to— 

any person for preventing colored 
children from attending school — 86 

for trespass on school lands 75 

any school officer, for causing loss of 

school funds 85 

for neglect of tluty 5,84,85 

any school officer, or any other per- 
son for conversion or perversion of 

school funds 84,85 

borrower of school funds, for failure 

to pay interest or principal 36 

eitie-;, for failure to mate reports 87 

collectors of taxes, for refusal to 

pay 64,72 

cotinty board, for neglect of duty to 

examine report of land sales 70,71 

clerks of courts of record, state's 
attorneys and justices, for failure 
to report and to collect and pay 

over tines and forfeitures 80,81 

directors. See "Directors liable." 
parents for keeping children from 

school 94,96 

parents, employers, etc., for the 
hiring of children under 13 years of 

age 94 

purchaser of school lands for not se- 

ctiring payment 77 

townships, for tailure in delivering 

reports 20 

teachers for not making schedules.. 58 
treasurers. See "Treasurers liable." 
tru-'tees. See "Trustees liab e." 
See also, "Removal from office." 

Permits to transfer pupils 47 

to be filed 47 

Perversion of funds to sectarian uses. .. 85 

penalty for 85 

Petitions for change of district lines ... . 25 

same, to be filed twenty days 26 

same, notice of to districts 26 

for or against township high school. 23 

for sale of school house 21 

for organization under the general 

law 52,93 

for purchase of school sites, etc 50 

for sale of school lands ■ — 75 

Plat of common school lands 7S 



114 



Page. 
Poll-book, election of directors, return 

of 42 

same, penalty for failure 42 

•^lection of trustees, return of 18 

same, penalty for failure ]8 

Polling places, more than one, when 17 

Polls, election of directors, opened and 

closed 17.41 

election of trustees 17 

Poor children, books for 44 

Postponement of election 17, 41 

President boai'd of directors 42 

pro tempore, may be appointed 42 

of koard of trustees 19 

pro tempore may be appointed 19 

Proceedings, oflBcial,to be recorded 19,42 

Property of districts, divided in case of 

change of district boundaries 29 

teachers to account for 58 

Publii'ation of statement by township 

treasurer 37, 38,39 

Pupils, age of 43 

age and names noted on register.. .58,59 

same, on schedule 59,60 

assigned to the several schools 45 

attendance of, noted 59,60 

suspension and expulsion of 45 

transferred 47 

same, separate schedules of, when... 47 
under 12, in school four hours a day.- 45 

Purchaser of common school lands 77 

may borrow amount of bid 77 

must secure payment of bid 77 

to receive, certificates of purchase.. . 79 

to receive patents 78 

when to receive duplicates 79 

Qualifications, for office, county super- 
intendent 2 

directors 4» 

treasurer 19 

trustees 16 

of teachers 56 

of voters 17 

of women as school officers 40,86 

Quorum of directors 42 

of trustees 19 



Bate of interest. Bee "Interest," 
Eeal estate held by county superintend- 
ent 11,79 

by trustees. 22 

leased 11,22,74 

lien on, belonging to school officers. 84 

released 36 

right of way over, granted 79 

security for loans 34,35 

same, how valued 34 

taken for indebtedness by county 

superintendent 11,75 

by trustees 22 

See also "Common school lands." 

Receipts for schedules 60 

treasurer to take and file 73 

Kecords of county superintendents..lO,57,78 
same, examined by county board... 12. 78 

of directors 42 

same, submitted to township treas- 
urer 42 

of sale of common school lands 78 

same, examined by county board 70 

same, transcript of, filed with Audi- 
tor 78 

ot State Superintendent 4 

of teachers' certitlcates granted by 

county superintendent 57 

of treasurer 33,34 

same, examined by county superin- 
tendent 10 

same, open for inspection 19, 34 



Page. 
Records of county superintendents- 
same, submitted to trustees 37 

of trustees 19 

same, open for inspection 19,34 

Registers, bonks furnished by directors. 59 
same, returned by teachers at close 

of term 59 

form of 59 

to be kept by teachers .58,59 

Registration fee 58 

Relinauishment of special charter 52 

Removal from district or township, 

effect of 40 

from office— 

of county superintendent 69 

of directors 47 

of president of board of trustees. . . 19 

of teachers *. .45,51 

of treasurers 19 

Repeal of former acts 8S 

Reports of cities and towns 87 

of collector of taxes to township 

treasurer 63, 64 

to trustees and direstors 86,87 

of county superintendent to county 

board, annual 12 

same, of land sales to county board.11,70 

same, to Auditor 9,78 

same, of condition of schools to State 

superintendent 12 

of directors to township treasurer. .. 42 

same, to county superintendent 43 

same, to voters at annual meeting. . . 43 

of fines and forfeitures 80 

of institutions of learning 87 

of rentals to county superintendent. . 74 
of State Superintendent to Governor 4 
of statistics. See "Statistics." 
of treasurer to trustees, annual and 

semi-annual 37 

of trustees to county superintendent 19 

same, items of 20 

penalties for failure to make. See 

"Penalties" 84 

Revenue and taxation 61 

Rules Hud regulations made by board 

of education 51 

by directors 43 

by State Superintendent 5 

Salary of State Superintendent 3 

Sale of common school lands. See 
"School lands." 
of real estate. See "Real estate." 

of school books, etc., limitations 2,86 

of school house and site 21 

of school property 45 

Schedules, certificates upon, form 59,60 

delivery of to directors 60 

to township treasurer 44 

form of 60 

receipt for, given to teacher 6" 

teacher to keep 59 

Scholars. See "Pupils." 

School, any gift, etc., to 1,21 

School books See "Text books." 
School books, apparatus and furniture 
school officers not to be interested 

in when 2,43,85 

School directors. See "Directors." 
School districts. See "Districts." 
School elections. See "Elections." 

School funds 71 

School houses, building of, tax for lim- 
ited 61,62 

same, vote necessary to authorize. . . 46 

controlled by directors 45 

meetings in 45 

repairing and improving 46,53,61 

site of 4G 

title to, in trustees 21 



115 



Page. 

School lands 74 

School libraries 45, fi2 

School month 61 

School oflficers— 

exempted from road labor and mili- 
tary duty 88 

legal advisors >-'f 4, 10 

liable for conversion of school fands. S4 

for exclusion of colored children 86 

for failure to return, or false return 

of statistics 84 

for loss of school funds 85 

for perversion of same 85 

lien on real estfite of. 84 

selling school books, etc., by, pro- 
hibited when 2,85 

See also "Superintendent of Public In- 
struction and other officers." 
School orders. See "Orders." 
School site. See "Site." 
School superintendent. See "Superin- 
tendent." 
School tax. See "Taxes." 
school trust-ees. See "Trustees of 
schools." 

School visitation 9,43,50 

Schoolteachers. See "Teachers." 

School year 43, 44 

Schools, branches of study in, how de- 
termined 44,.';o,57 

high. See "Township high schools " 

management of 24, 43, .=^0, 53 

normal 99, 102, 106 

supervision of 4,9 

support uf 43, 50 

term, in cities 50 

same, in districts 43, 46 

same, may be extended how 46 

visitation of 9. 43 

Secretary of State to hold State Super- 
intendent's bond 3 

Sectarian purposes, perversion of 

funds to, prohibited .1,85 

Security on bonds, bee "Bonds, official." 

persona], on loans 34 

real estate, on loans 34 

same, improvements on, to be valued 36 

Settlement, trustees may make 22 

Site, school house, choice of 46,53 

Siime. when made by directors 46 

sale of 21 

condemnatio/i of land for 46,47 

title held by trustees 21 

Sixteen h section, constitutes common 

school lands 74 

other sections in lieu of 74 

Southern Illinois Normal University 102 

Special acts may be relinquished 51,52.93 

modified in certain cases 62,87,90 

not repealed 87 

State to pay interest 71 

State's attorney. See "Attorneys." 

State certificates 5, 56 

, charitable institutions, superintend- 
ent of, to re port 6 

State charitable institutions, visited bv 

State Superintendent 5 

Statefunds 71 

State normal schools 99, 102 

State Superintendent. See "Superin- 
tendentof Public Instruction" 

Statements, made by teachers 59 

Statistics not divisible, how reported.. .20, 21 

See "Keports." 
Sufficiency of treasurer's securities, trus- 
tees responsible for 84 

Suits. See "Actions." 

Superintendent of Public Instruction. .. 3 
adviser of county superintendents . . 4 
bond of 3 



Page. 
Superintendent of Public Instruction- 
certificates, State teachers' granted 

and revoked by 5, 56 

election of 3 

forfeitures remitted by 6 

funds withheld by 6 

not to be in' crested in the sale of 

school books, etc 2,85 

oa^h of office of 3 

office of, at seat of government 4 

same, expense of 3 

papers, e'c, filed and preserved by.. 4 

record kept by 4 

report of , to the Governor 4 

rules to enforce the school law, made 

by 5 

salary of, determined by law 3 

term of office of 3 

to advise school officers 5 

to counsel and advise with teachers. 4 
to have supervision of the pubhc 

schools 4 

to visit State charitable institutions.. 5 
Superintendents of State charitable in- 
stitutions to report to State Super- 
intendent 5 

• Superintendents of schools, appointed 

when 50 

Sureties. See "Bonds, official." 

Suspension of pupils 45 

Taxes, school, collection of 63 

computation of, basis of 62 

same, made by county clerk 62,63 

collector of, to pay how. in case of 

union districts 64 

same, to pay township treasurer 63 

same, failure to pay 64 

levy of, form of certificate 62 

same, when returned 62 

must be uniform 63 

power to levy, granted board of edu- 
cation in cities and villages 50,61,62 

to directors 46,62 

same, limited 46,62 

same, in satisfaction of judgment 88 

Taxpayers, list of filed 28 

Teachers, appointment of 43,50,53 

cannot be paid, when 44,57,58,59 

cannot be employed, when 57 

dismissal of 45,51 

examination of 50,56,57 

funds withheld from ti 

must have certificate 44,57 

names of, reported to county super- 
intendent 43 

not to teach on holidays 61 

registers to be kept by 58,59 

same, returned to directors 59 

schedule to be kept by 59 

same, certified 60 

same, unpaid, balance of to draw in- 
terest til 

statements made by 59 

wages of. due when 61 

teachers, certificates of 56 

Teachers' institutes held by county 

superintendent 10,58 

fees lor 57 

teachers may attend without deduc- 
tion of wages 58 

Term of office of boards of education. ..23,49 

of county superintendent 7 

of directors 41 

of State Superintendent 3 

of treasurer 19 

of trustees 15 

Terms of loaning school funds 34 

of sale of school lands 77 



116 



Page. 

Text books prescribed by directors 44 

same, to be unifcrm 44 

same, not to be changed oftener than 

once in four years 44 

same, for poor children 44 

same, not to be sold by school officers2, 85 

Tie vote, how decided 17, 41 

Title to real e state- 
to school houses and lots.. 21 

to common school lands, from the 

State 74,78 

Town meeting, election of trustees at.. . . 18 
Towns and cities. See "Cities and 

Towns." 
Township, school business of, done by 

trustees 15 

congressional, made a school town- 
ship 15 

divided by county lines 20 

same, tax in 62 

fractional, consolidated with ad- 
jacent, when 15,76 

fund of. See "Fund." 

funds apportioned to 13 

same, forfeiture of 6, 20 

made a district to support a high 

school 23,24 

may unite with another or with parts 
of others for the same purpose — 23,24 

newly organized, districted 25 

same, map of 25 

redistricted 52 

sctiool section belonging to 74 

Township board of education 23 

term of office ,.... 23 

duties 24 

Township high school, how discontinued 24 

same, disposition of property 24 

how established 23 

how supported 24 

Township treasurer 32 _ 

accounts of, how kept 33 

appointment of i 19.. 

same, who eligible to ttttt. . 19 

bond official, approved 13, 32 

same, recorded 13 

delivered to county superintendent. 13, 32 

form of 33 

increased when 32 

books and accounts of. examined by 

county superintendent 10 

by trustees 21,37 

same, subject to inspection 19,34 

same, su bmitted to trustees 37 

certificate of amount of taxes due 

sent to, by county clerk 68 

• certificates of tax levy returned by, 

to county clerk 38 

clerks of trustees, to be 19 

compensation of 40 

county superintendent may direct in 

case of change of district lines 27 

custodian, only legal, of funds of 

boards of education, when 51 

of district funds 22 

of township funds 37 

debts due township probated by 36 

district lunds paid out by, how 47 

district records examined by 38 

election of trustees, called by 38 

duties of, as to transfer of pupils 38.47 

same, of directors 47 

interest paid teachers by, when 38 

Jiable in a civil action— 
for failure or refusal to perform 

legal duties 39.83 

same, when not liable 39, 83 

for failure to publish annual state- 
ment 39 

for failure to turn over books, etc., 
to hla suoaessor 83 



Township treasurer— Page. 

liable in a criminal action— 

for loss of school funds 85 

for conversion of school funds 84 

for failure to report statistics, or for 

false return of same 84,85 

for perversion of schol funds to a 

sectarian use 85 

for being interested in the sale of 

school books, etc 2,85 

lien on real estate of 84 

list of taxpayers made and filed by... 39 

maps made and filed by 39 

money paid to, by tax collector.. 63 

moneys, bonds, etc., delivered to, on 
certified statement of county super- 
intendent 13 

not to be interested in the sale of 

school books, etc., when 2,85 

notes, bonds, etc., held by, examined 

b y county superintendent 10 

same, list of, given to county super- 
intendent annually 35 

same, submitted to trustees 37 

cash held by, verified by trustees 37 

official term of, two years 19 

poll-book of district election filed 

with 42 

removed by trustees, when 22 

responsible for losses, when 85 

state and county funds paid to, by 

county superintendent 13 

statement to directors, made by un- 
der oath semi-annually 37,38 

statement to trustees 37 

sued by trustees, when 22 

suit brought by, a gainst tax-collector 64 

same, to recover interest 36 

same, when additional security is not 

given 36 

surplus of district funds, loaned by.. 35 
to make teachers' orders interest 
bearing when not paid on presen- 
tation 38,61 

same, to record 38 

to file orders paid 73 

to notify clerks of directors when he 
has funds to pay unpaid teachers' 

orders 38, 61 

same, to record 38 

to hold funds to pay same 38 

to take and file recipts for money 

paid 73 

to publish statement annually 39 

to turn over office, etc., to his suc- 
cessor 39 

same, in case of his death 39 

township fund loaned by 34 

Trees, cut. etc., on school lands 75 

Trespassers on school lards 75 

liable to fine and commitment 71 

Truant officer 96 

to report offenders 96 

Trustees of school lands 31 

Trustees 6i schools i4 

accounts, etc., of treasurers exam- 
ined by 21,37 

apportionment of funds by 19 

body politic and corporate, a 15 

boundaries of districts changed by— 

at April meetin 's 25 

bonded d ebt how disposed of 28 

funds divided 29 

liability for failure to divide funds. 30 

property appraised 30 

debts deducted from the same 80 

remainder of same divided 30 

same, appeal from action of trustees. 27 

how taken 26 

who may appeal 26 

same, -lection ordered in new dis- 
trict by 28 



117 



Page. 
Trustees of schools- 
same, new map and list of tax payers 
filed by, within ten days, with 

county clerk 27 

clerk appointed by, who is also treas- 
urer 19 

same, pro tempore 19 

debt, due school fund compromised 

by 22 

election of, conducted how 17 

same, contested how 17 

same, held for first time 16 

same, notices of 16 

same, ordered by township treas- 
urer 16 

-same, polls opened and closed 

when 17 

same, postponed 17 

same, tie, how determined 17 

same, time of 15,16 

same, voters at, qualifications of.. . ' 17 

■election of, at town meetings 18 

eligible to office of trustee, who are . . 16 

■gifts, grants, etc.. received by 21 

judges of election 16 

liable in a civil action— 
for failure to act upon notice of 

county superintendent 11, 84 

for failure to distribute property in 

case of a division of a district 30 

for failure to return poll-book 18 

for failure to return statistics, or 

for false return of sam? 12,84 

for loss of school funds 85 

for insufficiency of treasurer's se- 
curities 84 

liable in a criminal action— 
for being interested in sale of 

school books, etc 2,85 

for conversion of school funds 84 

for perversion of funds to a sectar- 
ian use 85 

list of, furnished county superintend- 
ents by county clerk 18 

map of townships, made by 28 

meetings of, regular and special 19 

organization of board of 19 

president appointed 19 

same pro tempore 19 

Quorum of 19 

real estate, leased by 22,74 

purchased by 22 

sold by 22 

report to county superintendent 19,20 

same, items 20 

■ school house and site sold by 21 

same, title to, held by 21 



Page, 
Trustees of schools- 
separate enumeration made by, 

when 20,21 

successors to "Trustees of school 

lands" 31 

term of office .' 16 

title to school hou^5e and site held by 21 

townships laid off into districts by. . . 25 

treasurer appointed by 19 

same, removed by 22 

same, sued by 22 

treasurer's accounts, etc., examined 

by 21 

vacancy in office, how filled 17 



Union school district dissolved, how 31 

funds of, put in hands of one treas- 
urer 43, 64, 73 

Use of school houses for meetings 45 

Vacancies in office of board of education.49.52 

of county superintendent 8 

of directors 41 

of trustees 17 

Yalidity of teachers' certificates 56 

Valuation of common school lands 76 

Visitation of schools 9,43,50 

Vote of the people required to borrow 

money 65 

to establish or discontinue a town- 
ship high school 23, 24 

to levy a tax to extend a district 

school beyond nine months 46 

Vote. etc. 

to locate a school house 46 

exception to the same 46 

to refund bonds or outstanding in- 
debtedness 66, 67 

to purchase or build a school house. 61, 46 
Voters of district may add higher 

branches 57 

qualifications of 17 

"Warrants, Auditor to issue to county su- 

pferintendejit 9,71 

paid by county collector 71 

return by same 72 

refusing to pay, penalty for 72 

See also "Orders." 

Women may be school officers 86 

qualifications 40,86 

to give bond and qualify as required 

by law 86 

may vote 96 



—9 S. 



LE Fe 'C 



